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12.9.2014 - Agenda PacketPlanning Commission Regular Meeting City of Dublin December 9, 2014 City Council Chambers 7:00 P.M. 100 Civic Plaza 1. CALL TO ORDER & ROLL CALL 2. PLEDGE OF ALLEGIANCE TO THE FLAG 3. ADDITIONS OR REVISIONS TO THE AGENDA 4. MINUTES OF PREVIOUS MEETINGS – October 28, 2014 5. ORAL COMMUNICATION - At this time, members of the public may address the Planning Commission on any non-agendized item(s) of interest to the public. In accordance with State Law, no action or discussion may take place on any item not appearing on the Planning Commission agenda. The Planning Commission may respond briefly to statements made or questions posed, or may request Staff to report back at a future meeting concerning the matter. Any member of the public may contact the Assistant Community Development Director regarding proper procedure to place an item on a future Planning Commission agenda. 6. CONSENT CALENDAR 7. WRITTEN COMMUNICATIONS 8. PUBLIC HEARINGS 8.1 PLPA-2014-00037 Heartbeat KTV Lounge Conditional Use Permits for a Minor Amendment to the Planned Development Zoning District (PA 98-047) to expand the list of conditional uses to include a Nightclub and a Conditional Use Permit for the operation of a Nightclub (karaoke club) at Ulfert’s Center. 9. NEW OR UNFINISHED BUSINESS 10. OTHER BUSINESS: Brief INFORMATION ONLY reports from the Planning Commission and/or Staff, including Committee Reports and Reports by the Planning Commission related to meetings attended at City Expense (AB 1234). 11. ADJOURNMENT This AGENDA is posted in accordance with Government Code Section 54954.2(a) and Government Code Section 54957.5 If requested, pursuant to Government Code Section 54953.2, this agenda shall be made available in appropriate alternative formats to persons with a disability, as required by Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Section 12132), and the federal rules and regulations adopted in implementation thereof. To make a request for disability -related modification or accommodation, please contact the City Clerk’s Office (925) 833-6650 at least 72 hours in advance of the meeting. A complete packet of information containing Staff Reports (Agenda Statements) and exhibits related to each item is available for public review at least 72 hours prior to a Planning Commission Meeting or, in the event that it is delivered to the Commission members less th an 72 hours prior to a Planning Commission Meeting, as soon as it is so delivered. The packet is available in the Communit y Development Department. (OVER FOR PROCEDURE SUMMARY) G~��OP�DIjB i9/ �i�✓aI• X82 STAFF REPORT PLANNING COMMISSION �+o DATE: December 9, 2014 TO: Planning Commission SUBJECT: PUBLIC HEARING: PLPA-2014-00037 Heartbeat Karaoke Lounge Conditional Use Permits Report prepared by. Seth Adams, Assistant Planner EXECUTIVE SUMMARY: The Applicant is requesting approval of a Conditional Use Permit for a Minor Amendment to the Planned Development Zoning District (PA 98-047) to expand the list of conditional uses to include a Nightclub; and a Conditional Use Permit for the operation of a Nightclub (karaoke club) at Ulferts Center. RECOMMENDATION: Staff recommends that the Planning Commission: 1) Receive Staff presentation; 2) Open the public hearing; 3) Take testimony from the Applicant and the public; 4) Close the public hearing and deliberate; and 5) Adopt a Resolution approving a Conditional Use Permit for a Minor Amendment to the Planned Development Zoning District (PA 98-047) to expand the list of conditional uses to include a Nightclub and approving a Conditional Use Permit for the operation of a Nightclub (karaoke club) at 4288 Dublin Boulevard, Suite 210. Submitted By RevidVwed By Assistant Planner Assistant Community Development Director COPIES TO: Applicant File ITEM NO.: Page 1 of 6 DESCRIPTION: Figure 1. Project Site The Project site is located in ti7- c'��;L;1;/ r ►;,,ter R„ Ulferts Center at 4288 Dublin _ �.► ���! - Boulevard, Suite 210. The site has a General Plan and Eastern Dublin Specific Plan designation of Campus Office and has Planned Development (PD) zoning with underlying General Commercial (C-2) and cv,1 Commercial Office (C-O) uses. The center is 4.3 acres in size w -.. and is composed of an existing Buick 51 ,291 sq are foot, two-story - -- 1, Project r - - � � - commercial building. Access to �� . �• Site ,+ • the site is provided from existing driveways and sidewalks on ' Dublin Blvd., John Monego Court and Glynnis Rose Drive. Dublin Ulferts Center has a variety of Corpor existing commercial uses, Cen including restaurants, retail, N personal services, and professional offices. Adjacent and nearby properties are the Dublin Corporate Center to the south, residential to the north, Bank of America and the Dublin Gateway Medical Center to the east, and the Buick/GMC dealership to the west. BACKGROUND: Ulferts Center is part of a 35-acre Master Plan development previously known as the Koll Dublin Corporate Center. On December 15, 1998, the City Council adopted the Planned Development (PD) Zoning District and Development Plan (PA 98-047) for the Koll Dublin Corporate Center (Ordinance 22-98). The PD is subject to the regulations of the General Commercial (C-2) Zoning District, and includes a list of permitted and conditionally permitted use types. On August 24, 2004, the Planning Commission approved a Conditional Use Permit and Site Development Review for Ulferts Center (Resolution 04-55). The Conditional Use Permit amended the PD zoning to change the Ulferts Center parcels from hotel to retail commercial, and permit a 10% parking reduction. The Site Development Review approved the site design, architecture, on-site circulation, parking and landscaping for Ulferts Center. On October 13, 2009, the Planning Commission approved Conditional Use Permits to again expand the list of conditionally permitted uses to include banquet facilities, and for the operation of a banquet facility (the existing Signature Room). The Applicant is requesting approval of a Conditional Use Permit (CUP) for a Minor Amendment to the Planned Development Zoning District (PA 98-047) to expand the list of conditional uses to include a Nightclub, and a CUP to conditionally permit the operation of a Nightclub (karaoke club) within Suite 210 of Ulferts Center. 2of6 ANALYSIS: Planned Development Zoning Minor Amendment Section 8.32.080 of the City of Dublin Zoning Ordinance allows the Planning Commission, by means of a Conditional Use Permit, to approve minor amendments to an adopted Development Plan upon a finding that the amendment substantially complies with and does not materially change the provisions or intent of the adopted Planned Development Zoning District Ordinance for the site. The Planned Development (PD) Zoning for Ulferts Center currently allows a variety of retail, office, and restaurant uses that are compatible with the nearby commercial and residential areas. The Applicant proposes a minor amendment to the PD Zoning (PA 98-047) to add Nightclubs to the list of conditional uses. As noted earlier the underlying zoning for the Ulferts Center is General Commercial (C-2) and Nightclubs are typically a conditionally permitted use in the C-2 zoning district pursuant to approval of a Conditional Use Permit by the Planning Commission. Staff has analyzed the Applicant's request to expand the list of conditional uses to include Nightclubs, and has determined that a Nightclub use is appropriate due to the underlying C-2 zoning, and because it is compatible with and complementary to the existing commercial uses within Ulferts Center. By being added to the list of conditional uses, a Nightclub will be required to obtain Conditional Use Permit approval by the Planning Commission. This requirement to obtain a Conditional Use Permit allows the City to place Conditions of Approval on the project to ensure that the operation remains compatible with the surrounding uses. Conditional Use Permit to Operate a Nightclub (Karaoke Club) Operating Characteristics The Applicant is proposing a 3,103 square foot karaoke club within an existing suite on the second floor of Ulferts Center (Attachment 1). The space was previously occupied for several years by a furniture store. Karaoke clubs are classified as Nightclubs in the City of Dublin Zoning Ordinance, and as previously discussed, Staff is recommending that Nightclubs be added to the list of conditional uses in the PD Zoning. The proposed project has been reviewed for issues related to operating characteristics, impacts to surrounding uses, and parking, and Conditions of Approval have been proposed where appropriate to ensure that the operation of the karaoke club remains compatible with the surrounding uses (Attachment 2). The proposed karaoke club will have ten (10) rooms in which patrons will be able to consume sushi, appetizers, and drinks (non-alcoholic as well as beer and wine) while singing to karaoke music in private rooms as opposed to the "open microphone" style of karaoke. The hours of operation will be Sunday through Thursday from 11:00 a.m. to 2:00 a.m., and Friday and Saturday from 11:00 a.m. to 3:00 a.m. Alcohol service will be from 11:00 a.m. to 1:30 a.m. in accordance with State regulations. The business will employ up to nine people and the targeted customer base will be anyone seeking to enjoy karaoke. Parkin The City of Dublin Zoning Ordinance contains parking standards by use type (Section 8.76.080). The Zoning Ordinance requires that Nightclubs provide 1 parking space per 100 square feet. The Project is located within a 3,103 square foot space, and as such the Project requires 31 parking spaces. 3 of 6 Environmental Regulations require that certain projects be reviewed for environmental impacts and when applicable, environmental documents prepared. Staff is recommending that the Project be found Categorically Exempt from CEQA, pursuant to CEQA Guidelines Section 15301, Existing Facilities. The Project consists of a Conditional Use Permit for a Minor Amendment to the Planned Development Zoning District (PA 98-047) to expand the list of conditional uses to include a Nightclub and a Conditional Use Permit for the operation of a Nightclub (karaoke club) within an existing shopping center. ATTACHMENTS: 1) Project Plans 2) Resolution approving a Conditional Use Permit for a Minor Amendment to the Planned Development Zoning District (PA 98- 047) to expand the list of conditional uses to include a Nightclub and approving a Conditional Use Permit for the operation of a Nightclub (karaoke club) at 4288 Dublin Boulevard, Suite 210 5 of 6 GENERAL INFORMATION: APPLICANT/PROPERTY OWNER: Karen Kam, Ulferts Center Dublin, Inc., 4288 Dublin Blvd., #210, Dublin, CA 94568 LOCATION: 4288 Dublin Boulevard, Suite 218 ASSESSORS PARCEL NUMBERS: 986-0016-009-00 & 986-0016-011-00 GENERAL PLAN & EASTERN DUBLIN SPECIFIC PLAN LAND USE DESIGNATION: Campus Office ZONING: Planned Development (PD) SURROUNDING USES: LOCATION ZONING GENERAL PLAN LAND USE CURRENT USE OF PROPERTY North PD Medium-Density Residential Residential South PD Campus Office Corporate Offices East PD Campus Office Bank and Medical Offices West PD General Commercial Auto Dealership 6of6 cl z 0 t: Z LU :Et 5 ,x o C=) 0 > 0 g sows wo , Mona , ME RAW CRIS Nmeno 98MY C�j z AIN 8 31W w o HGULwXlddv .UHHRd Ran o 2 0 0 O o 'rl ' 0, Z 4 < .0 Z < 00 .......... z < < oi 0 0 U�<O , Lij Z" 00 o'-z-u .......... ... p- Lij G IV7 zoz u<r. < ., o' z 5-Mzo < z u z u S oc� < 19 S . 0 U z --m zz o U 00ol), 0— 2 �L=o, 0 V m it a c� z D < <<< 5z o 000uuD- z z o z �2 Ln 0 0 0 0 oc0000D 0 < NNNNNNO x x x a. o z z. 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El 000❑ a = Fi _ z -- -- 5", y Q z a� co LJ m m W! 1 Y 0 a ° o. o ❑° i o ° N f < - -�O _ o z6 o a < - I HMO I ° I ° o N w _ a oms i ' w me ° = w w m ° a w IC£ o £1 rrb o ° ° I o©®IM® o ®® I ❑ 40 lac ob ° i l• . m " & D I I 120- ......_........._. ❑ I _= z 0 0o i I ❑ o ® k e ® ° o ❑ owF _ _ _ _ _ ° F FFF I J a < x x x x x , ma o � 3mwww www I i w I ° mi m m° I Aso JI ° ® .9l o ❑ M ° PEP 1 ' u V J F w w V z z ° 8 J �o p o Co oo° oog� 3 m ° o o o —T ❑ o o 1. all p 'k ° o ° U EMI n° .0-�9Z m O C" w o .CL CC'LOZ Id J ° o " ° I, e ❑ ry ® � V sb o Imo ° o 000®0 00 Lo Irb ❑ 2':fi " o 0 I ° ° ❑ a1: o fl o w m ❑ ❑ ❑° r _ R El " n < m w w a x p x x E El - Um < w El ® ,t G3' 9 I A` d t 0 o 0 °o o �.9 © �" os ° o 3 ® ® a, o < < j o o p a o � _ o w a w 0 F-1 I �� ® ° a a" a .Zo w n ry h , ® W� " ° w � .w � ❑ aw mo o � � w o o ©© ao® " m ©. ❑ ° ° m o ------ " ° " o o o o <J o ° --- ---- - - = N " a a IM ❑ o10 oio a El El a < m < w " a ® f �a ry w o NHpf 0000aooa o m 400 = o El n — — — O 7 ° m / /_- ° < ° o o ° ° " Iwo ❑ i ❑ ,- n / i w w m 1 I' D ✓ i e am a a j o" a o ° AZ / Eo j N 000a000 00 i a 6 O � E c / \DI V VII■ w c+ a O N N O Y 0 N 38f a w Z O W U � I All I -- 3AI1 ICI 3SOH SINNAIJ --/ I-- of o I W I 1 I 1- I I I I I I I I I II I I ' 1 I £ p o vI I jif I I I I I OZ Q W I rn O In «• I m cl r1 �J I I I I I k g n I I Z I U JO ° 4 - I o \ ` I w VIII I � e I .,0_ 1 �O I � ♦ =w ♦ m r , I ,t \ -- I w / (� 4o /, ---- - - - - - - - - O nn w m°` M Mons ° DAIS Mona 880P a � Z w g o O AI ■ 8 31W V a Y z� N HOLLd30�ddd �DwH3d Ron N o o m0 G U \ i 001, a w ,�R•,o 000'00 0000,"„ z z z z'.z z z zz z F i o O o VI / O < w �a l--ms ; < ry m, �= t� w m. > V ¢ 0 rc / m ° I e w m yy t3 0 I a - 0 0 Fml x o 0 e � ; x �1 m � n II J a I�In ®4J I a o w - J i I I I N I >G co lltlM NOW JVd3S ADNtldO 00 NH L (N) \ b z Z �oF Iz 3 — a x o u a � _ I ¢o m x _ I - a 3° ¢ O � m a 0 O w i'- m v� 3 N U J m ¢ - w w LL v v w v w v I Z 6` N O O 1 J 6'J w w w w w w U o O w w w z m; w � z o , _ i 1 v \ r°ii�b i aN L N o / o roc r RESOLUTION NO. 14-XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING A CONDITIONAL USE PERMIT FOR A MINOR AMENDMENT TO THE PLANNED DEVELOPMENT ZONING DISTRICT (PA 98-047) TO EXPAND THE LIST OF CONDITIONAL USES TO INCLUDE A NIGHTCLUB AND APROVING A CONDITIONAL USE PERMIT FOR THE OPERATION OF A NIGHTCLUB (KARAOKE CLUB) AT 4288 DUBLIN BOULEVARD, SUITE 210 (APN 986-0016-009-00 & 986-0016-011-00) PLPA-2014-00037 WHEREAS, Karen Kam (Applicant) has requested approval of a Conditional Use Permit for a Minor Amendment to the Planned Development Zoning District for the Koll Dublin Corporate Center (PA 98-047) to expand the list of conditionally permitted uses to include a Nightclub and a Conditional Use Permit for the operation of a nightclub (karaoke club); and WHEREAS, on December 15, 1998, the City Council adopted Ordinance No. 22-98 amending the zoning map and rezoning the project site to a Planned Development Zoning District and adopting a Development Plan for the Koll Dublin Corporate Center (PA 98-047); and WHEREAS, the Planned Development Zoning Development Plan established the permitted and conditionally permitted uses for the project site; and WHEREAS, the underlying zoning for the Planned Development Zoning District is General Commercial (C-2), in which Nightclubs are permitted pursuant to approval of a Conditional Use Permit by the Planning Commission; and WHEREAS, the proposal to add a Nightclub to the list of conditional uses is consistent with the overall intent of the shopping center which allows neighborhood commercial uses and therefore this request constitutes a minor amendment to the adopted Development Plan; and WHEREAS, in accordance with Chapter 8.32.080 of the Zoning Ordinance, the Planning Commission may approve a Minor Amendment to an adopted Development Plan by means of a Conditional Use Permit upon a finding that the amendment substantially complies with and does not materially change the provisions or intent of the adopted Planned Development Zoning District Ordinance for the site; and WHEREAS, through the aforementioned minor amendment to the adopted Development Plan for the Koll Dublin Corporate Center, a Nightclub is a conditionally permitted use in the Planned Development Zoning District subject to approval of a Conditional Use Permit by the Planning Commission; and WHEREAS, Conditions of Approval have been placed on the proposed Conditional Use Permit for the operation of a karaoke club to ensure compatibility with the surrounding uses; and ATTACHMENT 2 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 WHEREAS, the Project is exempt from the California Environmental Quality Act (CEQA) in accordance with Section 15301 (Minor alterations to existing facilities involving little or no expansion). The project involves no expansion of the existing building, and consists of a Conditional Use Permit for a Minor Amendment to the Planned Development Zoning District to expand the list of conditional uses to include a Nightclub and a Conditional Use Permit for the operation of a Nightclub (karaoke club) within an existing shopping center; and WHEREAS, a Staff Report was submitted to the City of Dublin Planning Commission recommending approval of both Conditional Use Permit requests; and WHEREAS, the Planning Commission held a public hearing on said application on December 9, 2014 at which time all interested parties had the opportunity to be heard; 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 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 and determinations regarding the Conditional Use Permit to amend the Planned Development Zoning District Ordinance: A. The proposed amendment substantially complies with and does not materially change the provisions and intent of the adopted Planned Development Zoning District Ordinance, and is compatible with other land uses, transportation and service facilities in the vicinity in that: 1) the Planned Development Zoning District Ordinance currently permits a variety of retail, office and restaurant uses consistent with the General Commercial (C-2) zoning district; 2) Nightclubs are a conditionally permitted use in traditional C-2 zoning districts; and 3) the proposed modification to the existing list of conditional uses in the Planned Development Zoning District Ordinance will enhance the character of the shopping center by providing additional services that are compatible with and complementary to the existing uses on the Project site. 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 proposed modification to the existing list of conditional uses in the Planned Development Zoning District Ordinance will enhance the character of the shopping center by providing additional services that are compatible with and complementary to the existing uses on the Project site; and 2) a Nightclub use will require a Conditional Use Permit approved by the Planning Commission, thereby allowing conditions to be placed on the Project to ensure the use remains compatible with surrounding uses, and is operated in accordance with all local codes and regulations. 2of12 C. It will not be injurious to property or improvements in the neighborhood in that: 1) the Planned Development Zoning District's underlying zoning is General Commercial (C-2), in which Nightclubs are permitted pursuant to approval of a Conditional Use Permit by the Planning Commission; and 2) a Nightclub use will require a Conditional Use Permit approved by the Planning Commission, thereby allowing conditions to be placed on the Project to ensure the use is compatible with surrounding uses, and is operated in accordance with all local codes and regulations. 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 proposed modification to the existing list of conditional uses in the Planned Development Zoning District Ordinance will not, in and of itself, generate a demand for public utilities, services or infrastructure, nor be detrimental to public health, safety or welfare; 2) a Conditional Use Permit will be required before a Nightclub use can be established and these provisions will be evaluated during the Conditional Use Permit process; and 3) the building is existing and is currently served by existing public utilities, services and infrastructure. E. The project site is physically suitable for the type, density and intensity of the use and related structures being proposed in that: 1) the underlying zoning of the Planned Development Zoning District is General Commercial (C-2); and 2) the proposed modification to the existing list of conditional uses in the Planned Development Zoning District is appropriate because it is compatible with and complementary to the existing uses within Ulferts Center and the nearby commercial and residential areas. 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 underlying zoning of the Planned Development Zoning District is General Commercial (C-2); 2) the Project is located within a Planned Development Zoning District which allows a variety of retail, office, and restaurant uses; and 3) the proposed modification to the existing list of conditional uses will enhance the character of the shopping center by providing additional services that are compatible with and complementary to the existing uses on the Project site. G. It is consistent with the Dublin General Plan and with any applicable Specific Plans in that: 1) restaurants, shopping and other such ancillary commercial services are permitted under the General Plan and Eastern Dublin Specific Plan Land Use designation of Campus Office. NOW, THEREFORE, BE IT RESOLVED that the City of Dublin Planning Commission does hereby make the following findings and determinations regarding the Conditional Use Permit for the operation of a Nightclub (karaoke club): A. The proposed use and related structures is compatible with other land uses, transportation and service facilities in the vicinity in that: 1) the proposed location of the Nightclub (karaoke club) is in the Eastern Dublin Specific Plan area which has a wide variety of commercial and office uses; 2) the Planned Development in which the site is located has an underlying zoning designation of General Commercial (C-2); 3) as part of the application, the Applicant is requesting that the Planned Development Zoning District (PA 98-047) be amended to expand the list of conditional uses to include a Nightclub; 3of12 and 4) the proposed location of the Nightclub (karaoke club) is within a 3,103 square foot tenant space located in an existing building and is compatible with the existing and allowed uses of the building which include retail and restaurants. 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 proposed use will be conducted entirely within an existing building; 2) the proposed use is conditioned to ensure that the operation has no recognizable negative impacts to the existing uses in the vicinity; and 3) the proposed Nightclub (karaoke club) will comply with all of the City of Dublin regulations. C. It will not be injurious to property or improvements in the neighborhood in that: 1) the proposed Nightclub (karaoke club) will comply with all City of Dublin regulations; and 2) the Nightclub (karaoke club) will be located in an existing building and no exterior modifications will be required to the building. 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) vehicular and pedestrian access is provided to the site from existing sidewalks and driveways on Dublin Boulevard, Glynnis Rose and John Monego Court; and 2) the Nightclub (karaoke club) is within an existing building that is served by existing public utilities, services and infrastructure. 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 existing roadway network leading to the site and the availability of existing on-site and off-site parking is adequate to serve the proposed use; 2) the Nightclub (karaoke club) is located in the Eastern Dublin Specific Plan area which was designed to support a variety of uses; and 3) the proposed Nightclub (karaoke club) is 3,103 square feet in size and is located within a portion of an existing 51,291 square foot shopping center. 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 is located within a Planned Development Zoning District which allows a variety of retail, office, and restaurant uses; 2) the Project provides an adequate number of parking spaces to meet the City's parking standards for the proposed tenant mix; and 3) the Project has been conditioned to ensure on-going compatibility with the surrounding uses. G. It is consistent with the Dublin General Plan and with any applicable Specific Plans in that: 1) restaurants, shopping, and other such ancillary commercial services are permitted under the General Plan and Eastern Dublin Specific Plan Land Use designation of Campus Office. BE IT FURTHER RESOLVED that the Planning Commission does hereby approve a Conditional Use Permit for a Minor Amendment to the Planned Development Zoning District (PA 98-047) to expand the list of conditional uses to include a Nightclub and approves a Conditional Use Permit for the operation of a Nightclub (karaoke club) at 4288 Dublin Boulevard, Suite 210, subject to the following conditions: 4of12 CONDITIONS OF APPROVAL Unless stated otherwise, all Conditions of Approval shall be complied with prior to the issuance of building permits or 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 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 Source Required, Prior to: GENERAL 1. Approvals. This Conditional Use Permit PL On-going Planning approval (PLPA-2014-00037) amends the Planned Development Zoning for the Dublin Corporate Center (PA 98-047) to expand the list of conditional uses to include a Nightclub, and permits the establishment and operation of a 3,103 square foot Nightclub (karaoke club) at 4288 Dublin Boulevard, Suite 210. This approval shall be as generally depicted and indicated on the plans prepared by Studio 02 dated received by Dublin Planning on November 7, 2014, stamped approved and on file in the Community Development Department, and other plans, text, and diagrams relating to this Conditional Use Permit approval, unless modified by the Conditions of Approval contained herein. 2. Effective Date. This Conditional Use Permit PL On-going DMC approval becomes effective 10 days after action 8.96.020.H by the Planning Commission (10 days after the and 8.136 date of this Resolution) unless appealed before that time in accordance with the Zoning Ordinance. 3. Permit Expiration. Construction or use shall PL 1 year from DMC commence within one (1) year of Permit approval approval 8.96.020.D or the Conditional Use Permit to operate a nightclub at 4288 Dublin Boulevard, Suite 210, shall lapse and become null and void. 4. Time Extension. The original approving PL 1 year from DMC decision-maker may, upon the Applicant's written approval 8.96.020.E request for an extension of approval prior to expiration, and upon the determination that any Conditions of Approval remain adequate to 5of12 assure that applicable findings of approval will continue to be met, grant a time extension of approval (for the Conditional Use Permit for the establishment and operation of a 3,103 square foot Nightclub (karaoke club) at 4288 Dublin Boulevard, Suite 210), for a period not to exceed six (6) months. All time extension requests shall be noticed and a public hearing or public meeting shall be held as required by the particular Permit. 5. Modifications. The Community Development PL On-going DMC Director may consider modifications or changes 8.100 to this Permit approval if the modifications or changes proposed comply with applicable sections of the Zoning Ordinance. 6. Revocation of Permit. The Permit approval PL On-going DMC shall be revocable for cause in accordance with 8.96.020.1 Section 8.96.020.1 of the Dublin Zoning Ordinance. Any violation of the terms or conditions of this permit shall be subject to citation. 7. Requirements and Standard Conditions. The Various Issuance of Various Applicant/Developer shall comply with applicable building City of Dublin Fire Prevention Bureau, Dublin permits or Public Works Department, Dublin Building installation of Department, Dublin Police Services, Alameda improve- County Flood Control District Zone 7, Livermore ments Amador Valley Transit Authority, Alameda County Public and Environmental Health, Dublin San Ramon Services District and the California Department of Health Services requirements and standard conditions. Prior to issuance of building permits or the installation of any improvements related to this project, the Developer shall supply written statements from each such agency or department to the Planning Department, indicating that all applicable conditions required have been or will be met. 8. Fees. Applicant/Developer shall pay all Various Issuance of Various applicable fees in effect, including, but not limited building to, Planning fees, Building fees, Traffic Impact permits Fees, TVTC fees, Dublin San Ramon Services District fees, Public Facilities fees, Dublin Unified School District School Impact fees (per agreement between Developer and School District), Fire Facilities Impact fees, Noise Mitigation fees, Inclusionary Housing In-Lieu fees, Alameda County Flood and Water Conservation District (Zone 7) Drainage and Water Connection fees; or any other fee that may 6of12 be adopted and applicable. 9. Indemnification. The Developer shall defend, ADM On-going Admin/City indemnify, and hold harmless the City of Dublin Attorney and its agents, officers, and employees from any claim, action, or proceeding against the City of Dublin or its agents, officers, or employees to attack, set aside, void, or annul an approval of the City of Dublin or its advisory agency, appeal board, Planning Commission, City Council, Community Development Director, Zoning Administrator, or any other department, committee, or agency of the City to the extent 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 proceedings. 10. Clarifications to the Conditions of Approval. PL On-going Planning In 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 impacts to this project. 11. Controlling Activities. The Applicant/Developer PL Through Planning shall control all activities on the project site so as construct-ion not to create a nuisance to existing/surrounding and on-going businesses and/or residences. 12. Clean-up. The Applicant/Developer shall be PL Through Planning responsible for clean-up and disposal of project construct-ion related trash to maintain a safe, clean, and litter- free site. 13. Property Maintenance. The PL On-going DMC Applicant/Developer and property owner shall be 5.64.050 responsible for maintaining the site in a clean and litter free condition during construction and through completion. Per the City of Dublin Non- Residential Property Maintenance Ordinance, DMC Section 5.64.050, the Applicant/ Property Owner shall maintain the building, site and all 7 of 12 signage in good condition and shall keep the site clear of trash, debris and graffiti vandalism on a regular and continuous basis. PLANNING DIVISION - GENERAL 14. Outdoor Events. Any outside events shall be PL On-going DMC subject to the Temporary Use Permit 8.108 requirements contained in the City of Dublin Municipal Code, specifically Section 8.108.020. 15. Temporary Promotional Signs. Temporary PL On-going DMC Promotional Signs, including but not limited to, 8.84 banner signs and balloons, are subject to compliance with Chapter 8.84 of the Dublin Zoning Ordinance and require a Zoning Clearance from the Planning Division prior to installation. 16. Permanent Signage. All permanent signage PL On-going DMC shall conform to Chapter 8.84 of the Dublin 8.84 Zoning Ordinance at all times. 17. Window Signs. Window signs shall conform to PL On-going DMC Chapter 8.84 of the Dublin Zoning Ordinance and 8.84 be limited to 25% of the window area. 18. Business License. The Applicant shall apply for PL Occupancy Planning a City of Dublin Business License prior to occu anc . PLANNING DIVISION -CONDITIONAL USE PERMIT 19. 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 Director to determine compliance with the Conditions of Approval. 20. Hours of Operation. The hours of operation for PL On-going Planning the Nightclub (karaoke club) are restricted to the following: Sunday—Thursday: 11:00 a.m. to 2:00 a.m. Friday— Saturday: 11:00 a.m. to 3:00 a.m. The service of alcohol shall be in accordance with all State regulations and limited to the hours of 11:00 a.m. to 1:30 a.m. 21. Noise/Nuisance. The Applicant shall control all PL On-going DMC 5.28/ activities so as not to annoy, disturb, injure or Planning endanger the health, repose, peace or safety of any reasonable person of normal sensitivity present in the area, nor create a public or private nuisance to the existing and surrounding businesses and residents. No amplified sounds, loudspeakers or music shall be permitted outside the building, or be audible from adjacent tenant 8of12 suites. PLANNING DIVISION- CRIME PREVENTION THROUGH ENVIRONMENTAL DESIGN 22. Non-Residential Security Requirements. The PL On-going Planning property owner and/or their designee shall comply with the City of Dublin Non-Residential Security Requirements. 23. Graffiti. The site shall be kept clear of graffiti PL On-going Planning vandalism on a regular and continuous basis. Graffiti resistant materials shall be used including but not limited to graffiti resistant paints for the structures and graffiti resistant film for windows or glass. 24. Employee Exit Doors. Employee exit doors shall PL Occupancy Planning be equipped with a 180-degree viewer or a burglary resistant window panel within the door from which to scan the exterior. BUILDING 25. 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 permit. 26. Building Permits. To apply for building permits, B Issuance of Building Applicant/ Developer shall submit five (5) sets of Building construction plans and two (2) engineered Permits calculation reports (if required) 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 ermits. 27. Construction Drawings. Construction plans B Issuance of Building shall be fully dimensioned (including building Building 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, landscape plan and details shall be consistent with each other. FIRE 28. Deferred Submittals. Provide on the Title or F TBuilding Plan Fire Cover Sheet under the heading Deferred Check 9of12 Submittals, all of the deferred submittal items. Submittal • Fire sprinkler modifications • Fire alarms stem install or modifications 29. Existing Fire Sprinkler Systems — F Installation Fire Modifications. Sprinkler system shall be modified as necessary to provide protection for all tenant improvements. a) Sprinkler Plans (deferred submittal item). Submit detailed mechanical drawings of all sprinkler modifications, including cut sheets, listing sheets and calculations to the Fire Department for approval and permit prior to installation. All sprinkler system components shall remain in compliance with the applicable NFPA 13 Standard, the CA Fire Code and the CA Building Code. 30. Fire Alarm (detection) System Required. A fire F Occupancy 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 NFPA 72 and CA Fire, Building, Electrical, and Mechanical Codes. If the system is intended to serve as an evacuation system, compliance with the horn/strobe requirements for the entire building must also be met. All automatic fire extinguishing systems shall be interconnected to the fire alarm system so as to activate an alarm if activated and to monitor control valves. Delayed egress locks shall meet requirements of CFC. 31. 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 product's cut-sheets and packaging that show proof of the product's flammability and flame-spread ratings. Decorative materials shall be fire retardant. 32. Hood and Duct Fire Extinguishing System and F Building Plan Fire K Fire Extinguisher. In accordance with the Fire Check Code, a ventilating hood and duct system shall be Submittal provided in accordance with the Mechanical Code for commercial-type food heat-processing 10 of 12 equipment that produces grease-laden vapors. An automatic fire extinguishing system shall protect the hood and duct system and the cooking appliances below. Plans and specifications showing detailed mechanical design of fire protection system shall be submitted to the Fire Department for review and permit. POLICE SERVICES 33. Service of Alcohol. The service of alcohol shall PO On-going Police be conducted entirely within the building. There is no bar associated with the floor plan and drinks shall be served directly to each karaoke room. Patrons are prohibited from bringing alcoholic beverages into the establishment. 34. Security Surveillance System. A security PO Occupancy Police surveillance system shall be installed to monitor and On-going activity in the front entry/exit points. 35. Karaoke Room Doors. Karaoke room doors PO Occupancy Police shall not be lockable from the inside. The doors and On-going shall be constructed with 'see-through' glass and/or have adjacent sidelight windows in order to provide unobstructed visual surveillance of activit within the rooms at all times. 36. Lighting. Lighting in karaoke rooms and in the PO Occupancy Police restrooms shall be of the type that cannot be and On-going turned off by the user (customers). 37. Exterior Lighting. Exterior lighting is required at PO Occupancy Police all exterior doors. The City of Dublin Security and On-going Ordinance requires specific foot candles of light to be provided at ground level. To ensure that the doorways retain the required lighting levels, the doorways shall be lighted with fixtures designed for that express purpose. DUBLIN SAN RAMON SERVICES DISTRICT 38. Prior to issuance of any building permit, complete DSR Issuance of DSRSD improvement plans shall be submitted to DSRSD Building that conform to the requirements of the Dublin Permits 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. 39. Domestic and fire protection waterline systems DSR Issuance of DSRSD for Tracts or Commercial Developments shall be Building designed to be looped or interconnected to avoid Permits dead end sections in accordance with requirements of the DSRSD Standard S ecifications and sound engineering practice. 40. Prior to issuance by the City of any Building DSR Issuance of DSRSD 11 of 12 Permit or Construction Permit by the Dublin San Building Ramon Services District, whichever comes first, Permits 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. 41. No sewer line or waterline construction shall be DSR Issuance of DSRSD permitted unless the proper utility construction Building permit has been issued by DSRSD. A Permits construction permit will only be issued after all of the items in Condition No. 80 have been satisfied. 42. The applicant shall hold DSRSD, its Board of DSR On-going DSRSD Directors, commissions, employees, and agents of DSRSD harmless and indemnify and defend the same from any litigation, claims, or fines resulting from the construction and completion of the project. 43. Improvement plans shall include recycled water DSR Issuance of DSRSD improvements as required by DSRSD. Services Building for landscape irrigation shall connect to recycled Permits water mains. Applicant must obtain a copy of the DSRSD Recycled Water Use Guidelines and conform to the requirements therein. 44. Above ground backflow prevention DSR Issuance of DSRSD devices/double detector check valves shall be Building installed on fire protection systems connected to Permits the DSRSD water main. The applicant shall collaborate with the Fire Department and DSRSD to size and configure its fire system. The applicant shall minimize the number of backflow prevention devices/double detector check valves installed on its fire protection system. The applicant shall minimize the visual impact of the backflow prevention devices/double detector check valves through strategic placement and landscaping. PASSED, APPROVED AND ADOPTED this 9th day of December 2014 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Planning Commission Chair ATTEST: Assistant Community Development Director 12 of 12