HomeMy WebLinkAboutPC Reso05-48 Indoor Rec Facilty CUP
RESOLUTION NO. 05 - 48
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
APPROVING A REQUEST FOR A CONDITIONAL USE PERMIT TO OPERATE AN INDOOR
RECREATIONAL FACILITY IN THE LIGHT INDUSTRIAL (M-l) ZONING DISTRICT AND
TO PERMIT THE USE OF OFF-SITE PARKING TO HELP FULFILL THE PARKING
REQUIREMENT FOR THIS USE AT 6948 SIERRA COURT (APN 941-2756-005)
P A 05-029
WHEREAS, Matt Alberti, the Applicant, has requested approval of a Conditional Use Pennit to
operate an Indoor Recreational Facility (indoor swimming pool), and to pennit the use of off-site parking to
help fulfill the parking requirement this use in the Light Industrial (M-I) zoning district at 6948 Sierra Court;
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 July 12, 2005; and
WHEREAS, the Applicant has provided an off-site parking agreement to pennit the use often (10)
parking spaces located on the property at 6958 Sierra Court; 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 is categorically exempt fTom the environmental review requirements of the
California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301 (Existing
Facilities); and
WHEREAS, the Zoning Administrator may hear a request for a Conditional Use Pennit to operate an
Indoor Recreational Facility in the M-l zoning district; and
WHEREAS, the Zoning Administrator has referred hearing jurisdiction of this item to the Planning
Commission; and
WHEREAS, a Staff Report was submitted outlining the issues surrounding the request; and
WHEREAS the Planning Commission held a properly noticed public hearing on said application on
August23,2005;and
WHEREAS, the Planning Commission did hear and consider all said reports, recommendations and
testimony herein above set forth and used their independent judgment to make a decision; and
WHEREAS, the Planning Commission has found that the proposed project is appropriate for the
subject site.
G:\PA#\2005\05-029 Fremont Swim School Center\pc reso 8.23.05.doc
NOW, THEREFORE, BE IT RESOLVED THAT the City of Dublin Planning Commission does
hereby make the following findings and detenninations.
A. The proposed use and related structures are compatible with other land uses, transportation and
service facilities in the vicinity because it is located within an existing building and the existing on
and off-site parking is adequate to serve the existing, proposed and future 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 no recognizable negative impacts, including
requiring hazardous materials to be stored in compliance with the California Fire Code and the
Alameda County Department of Environmental Health Certified Unified Program Agency (CUPA,
including submitting a Hazardous Materials Business Plan (HMBP)..
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 operated completely
within an existing and enclosed 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 because the proposed use will be operated completely within an existing building
that is serviced by all appropriate utilities and infTastructure.
E. The subject site is physically suitable for the type, density and intensity of the use and related
structures being proposed because the existing roadway network leading to the site and the
availability of existing on and off-site parking is adequate to serve the proposed use.
F. The proposed use will not be contrary to the specific intent clauses, development regulations, and
perfonnance standards established for the Light Industrial (M-I) zoning district.
G. The approval of this Conditional Use Pennit is consistent with the Dublin General Plan and will
provide a service to the community that is consistent with the intent of the IndustriallBusiness Park
General Plan Land Use designation.
BE IT FURTHERED RESOLVED THAT the City of Dublin Planning Commission does hereby
find the following requirements for off-site parking can be met:
A. The Conditional Use Pennit findings can be made.
B. The most distant parking space fTom a non-residential use type is not more than 400 feet from the use.
The proposed off-site parking spaces are located a maximum of 300 feet fTom the project site.
C. An Off-Site Parking Agreement has been executed to assure that the required parking spaces are
provided to the principle use for the life of the agreement.
D. The parking lot site is not located in a residential zone because it is located in the Light Industrial
zoning district.
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E. The parking lot site is not within a road easement or private street.
BE IT FURTHER RESOLVED THAT the City of Dublin Planning Commission does hereby
approve P A 05-029 The Fremont Swim School Conditional Use Pennit to operate an Indoor Recreational
Facility located at 6948 Sierra Court, APN 941-2756-005 and pennit the use of off-site parking spaces to
satisfy the parking requirement. The project approval shall be subject to compliance with the following
Conditions of Approval for a Conditional Use Pennit:
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: rPLl Planning, rBl Building, rpOl Police, rpWl Public Works rADMl
Administration/City Attorney, rFINl Finance. rFl Alameda Countv Fire Department, rDSRSDl Dublin San
Ramon Services District, rCOl Alameda County Department of Environmental Health.
CONDITION TEXT RESPON. WHEN SOURCE
AGENCY REQ'D
Prior to:
GENERAL CONDITIONS
1. Permit Validity. Approval of this Conditional Use Permit PL On-going Standard
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.
2. Revocation. The Conditional Use Pennit will be revocable PL On-going Standard
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 possible
revocation.
3. Compliance. The Applicant/Property Owner shall develop PL On-going Standard
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 subject
to enforcement action.
4. Honrs of Operation. Activities of the Fremont Swim PL On-going CUP
School shall be limited to the activities listed on the
Applicant's Written Statement dated received on May 4,
2005. Any other events and activities proposed by the school
shall first be subject to review by the Community
Develonment Director.
5. Outdoor Events. Any outside events shall be subject to the PL On-going Standard
Temporary Use Pennit requirements contained in the City of
Dublin Zoning Ordinance.
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CONDITION TEXT RESPON. WHEN SOURCE
AGENCY REQ'D
Prior to:
6. Parking. Applicant to provide a total of 29 on and off-site PL Prior to CUP
parking spaces for the existing and proposed use at the Issuance of a
project location. Off-site parking spaces are to be provided Building
at 6958 Sierra Court. The Applicant shall have an off-site Pennit/
parking agreement with the current property owner at 6958 On-going
Sierra Court prior to issuing a Building Pennit for tenant
improvements and shall maintain such an agreement for the
duration of this Conditional Use Pennit. In the event that the
adjacent property at 6958 Sierra Court is sold or the use
intensifies while this Conditional Use Pennit remains valid,
the school will be required to replace any off-site parking
that is lost in kind, or reduce the occupancv accordinglv.
7. Parking. The Applicant shall post signs in the parking lot at PL On-going CUP
the project site, to the satisfaction of the Community
Development Director, directing overflow parking to the lot
at 6958 Sierra Court
8. NoiselNuisance. The Applicant shall control all activities on PL On-going CUP
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
building.
9. Signs. Any signage on site shall be subject to the sign PL On-going Standard
requirements contained III the City of Dublin Zoning
Ordinance.
10. Food Preparation. No cooking or other food preparation PL On-going CUP
that would reqUire the approval of Alameda County
Environmental Health Services is hereby approved. In the
event that food preparation is desired, the Applicant shall
submit a written request, subject to review and approval by
the Community Development Director. The Applicant will
also be required to receive proper approval by Alameda
County Environmental Health Services prior to commencing
food oreparation.
11. Minor amendments. Modifications or changes to this PL On-Going CUP
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 Zoning Ordinance.
12. Fees. The Applicant shall pay all applicable fees in effect at B Issuance of Standard
the time of building pennit issuance, including, but not Building
limited to, Planning Fees, Building Fees, Dublin San Ramon Pennits
Service District fees, Public Facilities fees, Tri Valley
Transportation fees, Downtown Traffic Impact Fee, Dublin
Unified School District impact fees, Alameda County Fire
Services fees, Noise Mitigation fees; Inclusionary Housing in
lieu fees, Alameda County Flood and Water Conservation
District (Zone 7) Drainage and Water connection fees. When
and if applicable and customary, credits shall be applied for
existing improvements.
13. Property Maintenance. The property shall be maintained in B On-going Standard
accordance with Section 5.64, Property Maintenance of the
Dublin Municipal Code.
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CONDITION TEXT RESPON. WHEN SOURCE
AGENCY REQ'D
Prior to:
14. Building Codes and Ordinances. All project construction B Through UBC
shall conform to all building codes and ordinances in effect Completion
at the time of building pennit.
15. Building Permits. To apply for building pennits, the B Issuance of Standard
Applicant shall submit five (5) sets of construction plans to Building
the Building Division for plan check. Each set of plans shall Pennits
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 participating non-City agencies prior to the
issuance of building pennits.
16. Construction Drawings. Construction plans shall be fully B Issuance of Standard
dimensioned (including building elevations) accurately drawn Building
(depicting existing and proposed conditions on site), and Pennits
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.
17. Addressing. Address will be required on all doors leading to B Occupancy Standard
the exterior of the building. Addresses shall be illuminated
and. be able to be seen from the street, 5 inches in height
minImum.
18. Accessibility. Due to the change of Occupancy type of the B Occupancy/ CUP
tenant space, the tenant improvement and the site shall be On-going
made to meet the accessibility requirements oftitle 24 part 2
of the California Code of Regulations. No hardship
aporovals mav be granted.
19. Occupancy Limit. The occupancy of the tenant space shall B/F On-going CUP
be restricted to less than 50 persons. An occupancy sign shall
be posted in the lobby entrance way and at other locations as
detennined by the Fire Marshal.
20. Exiting. The warehouse shall be provided with a direct exit. B Occupancy CUP
All exits shall be accessible and lead to the public way as
required in the California Building Code.
21. Provide a one hour occupancv senaration for the pool equipment. B Occupancy CUP
22. Exitin\!. Provide an exit at the farthest west portion of the space. F Occupancy CUP
23. Stora!!e. No high niled storage is nennitted in the space. F On-going CUP
24. Hazardous Materials. Any hazardous materials (pool chemicals) F On-going CUP
shall be in compliance with the California Fire Code and Alameda
County Department of Environmental Health Certified Unified
Program Agency (CUP A), including submitting a Hazardous
Materials Business Plan (HMBP).
25. Exit signs and emergency lighting shall be provided as F Issuance of CUP
required by the CBC Chapter 10. Building
Pennits
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CONDITION TEXT RESPON. WHEN SOURCE
AGENCY REQ'D
Prior to:
26. If key locking hardware is used on the main door, provide a F On-going Standard
sign above the door stating, "THIS DOOR TO REMAIN
UNLOCKED DURING BUSINESS HOURS". Otherwise
the exit doors shall be openable ftom the inside without
special knowledge or effort and have lever or panic hardware
(nanic hardware from the assembly area). CBC 1003.3.1.8.
27. Provide 2A IOBC fire extinguishers, in locations approved by the F Occupancy/ CUP
Fire Department, in the space. An approved sign in accordance with On-going
the Uniform Fire Code shall be conspicuously posted above the
extin"lIisher. CFC 1002
28. A Knox box shall be provided at the main entry door. The F On-going Standard
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 Denartment insnection.
29. Approved numbers or addresses shall be placed on the tenant F On-going Standard
space in such a position as to be plainly visible and legible
ftom the street or road ftonting the property. Said numbers
shall be nlaced on a contrasting background. CFC 914.4.4.
30. The project shall comply with Unifonn Building and Fire F Final Standard
Codes as adonted by the City of Dublin.
31. Provide an accessible concrete walkway from the public PW Occupancy Standard
sidewalk on Sierra Court to the building entrance per
California Building Code requirements. Said walkway shall
be 4' minimum width with compliant curb ramps at
transitions between the walkway and the drive aisle
crossings. Note that minor adjustments to the existing
landscaping and irrigation systems will be necessary to install
the walkway.
32. Applicant shall provide adequate disabled parking stalls with PW Occupancy Standard
at least one "Van Accessible" stall. Please assure that the
pavement slopes do not exceed 2% in any direction. All
required disabled stalls should meet the current Title 24/ADA
standards.
33. Provide photometric calculations for the existing parking lot PW Issuance of Standard
and around the building that demonstrates a minimum foot- Building
candle lighting level of not less than 1.0 at the ground surface Pennits
for the adjacent parking area; ifthis cannot be verified
I provide additionallil!hting where necessary.
34. Applicant should repair any distressed areas of pavement PW Occupancy Standard
within the existing parking field, then seal and re-stripe the
I parking field.
35. The Applicant shall comply with all applicable City of PO On-going CUP
Dublin Non Residential Securitv Ordinance requirements
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CONDITION TEXT RESPON. WHEN SOURCE
AGENCY REQ'D
Prior to:
36. All entrances to the parking areas shall be posted with PO On-going CUP
appropriate signs per Sec. 6.04.200 of the City of Dublin
Municipal Code, to assist in removing vehicles at the
property owner's/manager's request.
37. The Applicant shall keep the site clear of graffiti vandalism PO On-going CUP
on a regular and continuous basis at all times.
38. The Applicant shall work with the Dublin Police on an PO On-going CUP
ongoing basis to establish an effective theft prevention and
securitv program.
39. A "Business Site Emergency Response Card" shall be filed PO Issuance of Standard
with the Police Department commencing with the initial Building
phases of construction. Current infonnation shall be Pennit
maintained until the completion of the project.
40. Prior to issuance of any building pennit, complete DSRSD Issuance of Standard
improvement plans shall be submitted to DSRSD that Building
confonn to the requirements of the Dublin San Ramon Pennits
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
41. Prior to issuance by the City of any Building Permit or DSRSD Issuance of Standard
Construction Pennit by the Dublin San Ramon Services Building
District, whichever comes first, all utility connection fees Pennits
including DSRSD and Zone 7, plan checking fees, inspection
fees, connection fees, and fees associated with a wastewater
discharge pennit shall be paid to DSRSD in accordance with
the rates and schedules established in the DSRSD Code.
42. No sewer line or waterline construction shall be pennitted DSRSD Issuance of Standard
unless the proper utility construction pennit has been issued Building
by DSRSD. A construction pennit will only be issued after Pennits
all of the items in Condition No.9 have been satisfied.
43. The Applicant shall hold DSRSD, its Board of Directors, DSRSD On-going Standard
commissions, employees, and agents of DSRSD harmless and
indemnifY and defend the same ftom any litigation, claims, or
fines resulting ftom the construction and completion of the
project.
PASSED, APPROVED AND ADOPTED this 23,d day of August 2005.
AYES:
Schaub, Biddle, Wehrenberg, Fasulkey, King
NOES:
ABSENT:
ABSTAIN:
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ATTEST:
Planning Manry.-
Ø5J~1
Planning Commission Chairperson
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