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Home My WebLink AboutPC Reso06-02 05-050 Spotlight Arts Academy CUP RESOLUTION NO. 06 - 02 A RESOLUTION OF THE CITY OF DUBLIN PLANNING COMMISSION RECOMMENDING THAT THE CITY OF DUBLIN PLANNING COMMISSION APPROVE A CONDITIONAL USE PERMIT TO ALLOW SPOTLIGHT ARTS ACADEMY IN THE M-l (LIGHT INDUSTRIAL) ZONING DISTRICT LOCATED AT 6979 SIERRA COURT (APN 941-0205-034-01) P A 05-050 WHEREAS, the Applicant, Naja Gentry has requested a Conditional Use Permit to operate the Spotlight Arts Academy at 6979 Sierra Court, APN 941-0205-034-01, in the M-l (Light Industrial) Zoning District; and WHEREAS, the proposal includes an approximately 3,062 square foot space within an existing Light IndustriallWarehouse Building; and WHEREAS, the project has been found to be Categorically Exempt from the California Environmental Quality Act (CEQA), according to Section 15301, Class 1 (Minor Alteration of Existing facilities); and WHEREAS, the Planning Commission held a public hearing on said application on January 10, 2006; and WHEREAS, proper notice of said public hearing was given in all respects as required by law; and WHEREAS, the staff report was submitted recommending that the application be conditionally approved; 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. NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission does hereby find that: A. The proposed Recreation FacilitylIndoor use and related structures is compatible with other land uses, transportation and service facilities in the vicinity, in that 1) the proposed Indoor Recreational Use is compatible with other approved Indoor Recreation Facilities on Sierra Court; 2) Section 8.12.050 states that a Recreational FacilitylIndoor use is permitted in the M-I (Light Industrial) Zoning District with a Conditional Use Permit; 3) the proposed location of the facility is in a 3,062 square foot tenant space located in an existing building and will be in close proximity to other approved indoor recreational facilities on Sierra Court; and 4) the proposed facility will not be open for instruction until 3:30 p.m. at the earliest during the week and 10:00 a.m. on Saturday, and will close at 9:30 p.m. or earlier during the week and 2:00 p.m. on Saturday. Spotlight Arts Academy will be open when typical businesses in the area are closed and therefore will not have significant impacts on the adjacent businesses. B. The proposed recreational facility 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 facility will comply with all City of Dublin regulations and will be located in an existing building. C. The proposed use, as conditioned, will not be injurious to property or improvements in the neighborhood because 1) the facility will comply with all City of Dublin regulations; 2) the recreational facility will be located within an existing building and no exterior modifications will be required to the building as a result of the proposed use; 3) the proposed recreational facility is an appropriate use in the light industrial area and will be compatible with the existing indoor recreational facilities on Sierra Court; and 4) the typical hours of operation occur in the late afternoon until evening which is typically close to or after businesses in the area close which have typical hours of operation from 8:00 a.m. until 5:00 p.m., Monday through Friday. 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. E. The subject site is physically suitable for the type, density and intensity of the use being proposed, in that the existing site is already developed and is an adequate size to accommodate the use and the required on-site parking. F. The proposed use, as conditioned, will not be contrary to the specific intent clauses, development regulations, or performance standards established for the zoning district in which it is located, as the Zoning Ordinance allows Indoor Recreation Facilities as a conditional use in the Light Industrial Zoning District and is a permitted use when the required findings as stated in Section 8.100.060 of the Dublin Zoning Ordinance can be made. Conditions of approval have been applied to the project to ensure on-going compatibility with surrounding land uses. The proposed indoor recreational facility is compatible with the existing uses found in the M-l zoning district and therefore meets the requirements of the Dublin Zoning Ordinance. G. The approval of this Conditional Use Permit is consistent with the Dublin General Plan and will provide a service to the community that is consistent with the intent of the Industrial/Business Park General Plan Land Use designation, which calls for non-retail businesses that do not involve heavy trucking or generate nuisances due to emissions, noise or open uses.i 2 BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission does hereby approve PA 05-050, Conditional Use Permit, to allow a Recreational FacilitylIndoor use in the M-l (Light Industrial) Zoning District subject to the following Conditions of Approval: 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 review and approval by the City of Dublin. The following codes represent those departments/agencies responsible for monitoring compliance of the conditions of approval: [PL.] Planning, [B] Building, [PO] Police, [DSR] Dublin San Ramon Services District and [F] Alameda County Fire Department. NO CONDITION TEXT RESPON. WHEN SOURCE AGENCY! REQUIRED DEPART. Prior to: PLANNING CONDITIONS 1. This Conditional Use Permit approval for PA 05-050 PL Ongoing Standard is to allow the operation of a 3,062 square indoor recreational facility at 6979 Sierra Court in the M-l (Light Industrial) Zoning District. This approval shall generally conform to the project plans and statements stamped approved, consisting of a Written Statement, Site Plan and Floor Plan (received by the Planning Department on Januarv 4th and Januarv 5th 2006). 2. Hours of Operation. The approved hours of PL Ongoing Planning operation shall be lirnited to: Monday 3:30 - 9:30 p.rn.; Tuesday 4:30 - 9:30 p.m.; Wednesday 3:30 - 8:30 p.m.; Thursday 3:45 - 9:30 p.m.; Friday 4:15 - 8:00 p.m.; and Saturdav 10:00 a.m. - 2:00 p.m. 3. Permit Expiration and Time Extension. Approved PL One year from DMC use shall commence or demonstrate substantial date of approval 8.96.020.D progress toward commencement within one (1) year of andE CUP approval. Otherwise, the CUP shall lapse and become null and void, in which case a new application must be made and processed. The original approving decision-maker may grant a time extension for a period no longer than six (6) months given that the Applicant submits a written request for an extension of approval prior to expiration and that any Conditions of Approval remain adequate to assure that applicable findings of approval will continue to be met. Disputes over permit expiration and time extension requests may be publicly noticed and heard before the Zoning Administrator. 4. Approval Period. This Conditional Use Permit PL On-going Planning 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-vear period. 5. Annual Review. On an annual basis, this Conditional PL,PO On-going Planning Use Permit approval may be subject to a review by the Planning Manager to determine compliance with the 3 NO CONDITION TEXT RESPON. WHEN SOURCE AGENCY! REQUIRED DEPART. Pl'l!)r to: Conditions of Approval. 6. Revocation. This permit shall be revocable for cause PL On-going DMC in accordance with Dublin Zoning Ordinance Section 8.96.020.1 8.96.020.1, Revocation. Any violation of the terms of the terms and conditions of this permit may be subject to the issuance of a citation. 7. Minor amendments. Modifications or changes to PL On-Going DMC this Conditional Use Permit approval may be 8.100.080 considered and approved by the Community Development Director, if the modifications or changes proposed comply with Section 8.100.080, of the Zoning Ordinance. 8. Property Maintenance. The Applicant and/or PL On-going DMC 5.64 Property Owner shall keep the property maintained in a safe, clean, and litter-free condition at all times. 9. Graffiti. The Applicant and/or Property Owner shall PL On-going DMC 5.68 keep the site clear of graffiti vandalism on a regular and continuous basis at all times. Graffiti resistant materials should be used. 10. Nuisance. The Applicant shall control all business PL On-going DMC activity so as not to create a public or private nuisance 5.28.020 to the existing and surrounding businesses and residents. 11. Noise. Loudspeakers shall be controlled at a low level PL,PO On-going DMC 5.28 as so not to create a public or private nuisance to the existing and surrounding businesses and/or residential neighborhoods. No amplified music shall be allowed outside the enclosed buildinl!s. 12. Temporary Promotional Banners and Balloons. PL On-going DMC Temporary Promotional Banner Signs and Balloons 8.84.050 shall only be permitted after first secunng an approved Temporary Promotional Sign Permit. Any slgnage on site shall be subject to the sign requirements contained In the City of Dublin Municipal Code. 13. A-Frame Signs. The use of any A-Frame, portable, PL On-going DMC sandwich-board, pennants, or human-held signs on 8.84.150 the premises is strictly prohibited. Said signs and any form of off-site advertising signs shall also be prohibited upon any public property, including City streets and sidewalks. 14. Outdoor Events. Any outside events shall be subject PL On-going DMC to the Temporary Use Permit requirements contained 8.108.020 in the City of Dublin Municipal Code, specifically Section 8.108.020. 15. Parking. Per the City of Dublin Zoning Ordinance, PL On-going Planning the parking requirements shall be per CUP. Based on the maximum number of students per class and number of staff mernbers on site at a time, 14 parking spaces shall be provided for the Indoor Recreation Facilitv at all times. 16. Performances. All performances shall be held off- PL On-going Planning 4 NO CONDITION TEXT RESPON. WHEN SOURCE AGENCYI REQUIRED DEPART. Prior to: site. FIRE DEPARTMENT 17. Based on the information provided, the occupancy is ar F Occupancy/On- Fire E-Ioccupancy. Based on this occupancy, the followin~ gomg shall be required: a) Separate building permit plans shall be submitted for the change of use. b) Provide allowable area calculations based or the new occupancy or show that the accessof) use in the building are less than 10% of the building area. c) Provide a complete one hour occupanc, separation between the mezzanine, first floo class room, and first floor office and the storage area. d) Exits door in the exit path shall have no lock 0 latch unless it is panic hardware as required bJ CBC 1007.3.10. e) Provide a manual fire alarm system per CBC 305.9.1. The system shall be tied into the existing sprinkler monitoring system. 18. Provide exit signs and emergency lighting for exit path F Occupancy CBC as required by CBC 1003.2.8. 1003.2.8. 19. If not already provided, Knox boxes are required at the F Occupancy CFC 902.4 main entrance to the space. The Knox Box shal contain a key that provides access to the tenant space Order forms for the Knox box are available at the fin prevention office. It takes 2-3 weeks to receive the bm after ordering. The key can be placed in the box durin~ the Fire Department inspection. 20. Approved address numbers shall be placed on the space F Occupancy CFC in such a position as to be plainly visible and legible 901.4.4 from the street or road fronting the property. Said numbers shall be placed on a contrasting background. 21. Provide 2A1OBC fire extinguishers within 75 fee F Occupancy CFC 1002 travel distance of any porti on of the space. An approved sign in accordance with the Uniform Fir Code shall be conspicuously posted above th extinguisher. 22 The project shall comply with Uniform Building am F On-going Fire Fire Codes as adopted by the City of Dublin. PUBLIC WORKS 23. Upgrade the existing disabled parking stall to curren PW Occupancy Public ADAlTitle 24 standards. Please assure that the Works pavement slopes does not exceed 2% in any direction. 24. Provide curb-cut from the access aisle from the PW Occupancy Public parking space in order for a disabled person to have Works access to the main entrance. 5 NO CONDITION TEXT RESPON. WHEN SOURCE AGENCY! REQUIRED DEPART. Prior to: 25. Provide photometric calculation for the eXlstmg PW Issuance of Public parking lot and around the building that demonstrates Building Permit Works a minimum foot-candle lighting level of not less than 1.0 at the ground surface for the adjacent parking area; if this cannot be verified provide additional lighting where necessarY. POLICE DEPARTMENT 26. The applicant shall comply with all applicable City of PO On-going Police Dublin Non Residential Security Ordinance requirements. 27. The applicant shall comply with City of Dublin PO On-going Police Business License requirements. 28. The applicant shall insure that minor children remain PO On-going Police under adult supervision at all times. 29. The applicant shall work with the Dublin Police on an PO On-going Police ongoing basis to establish an effecti ve theft prevention and security program. . The applicant shall schedule a personnel safety training meeting with the Dublin Police Crime Prevention Unit prior to the start of business. 30. A "Business Site Emergency Response Card" shall be PO Issuance of Police filed with the Police Department. Building Permit BUILDING DIVISION 31. Building Codes and Ordinances. All project B Through UBC construction shall conform to all building codes and Completion ordinances in effect at the time of building permit. 32. Building Permits. To apply for building permits, the B Issuance of Building Applicant shall submit eight (8) sets of construction Building Dept plans to the Building Division for plan check. Each Permits 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 participating non-City agencies prior to the issuance of building permits. 33. Construction Drawings. Construction plans shall be B Issuance of Building fully dimensioned (including building elevations) Building Dept accurately drawn (depicting existing and proposed Permits 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. 6 NO CONDITION TEXT RESPON. WHEN SOURCE AGENCYI REQUIRED DEPART. Prior to: 34. Fees. The Applicant shall pay all applicable fees ir B Issuance of Building effect at the time of building permit Issuance Building Permits Dept including, but not limited to, Planning Fees, Buildin~ Fees, Dublin San Ramon Service District fees, Public Facilities fees, Tri Valley Transportation fees Downtown Traffic Impact Fee, Dublin Unified Schoo District impact fees, Alameda County Fire Service~ fees, Noise Mitigation fees; Inclusionary Housing in lieu fees, Alameda County Flood and Wate Conservation District (Zone 7) Drainage and Wate connection fees. When and if applicable and customary credits shall be applied for existinl! imnrovements PASSED, APPROVED AND ADOPTED this 10th day of January, 2006. A YES: Chair Schaub and Commissioners Fasulkey, King, Wehrenberg NOES: ABSENT: Commissioner Biddle ABSTAIN: ~g~ Planning Commission Chair Acti G:\PA#I2005\05-050 Spotlight Arts AcademylDraft PC Reso.doc 7