HomeMy WebLinkAboutPC Reso 08-05 Appv CUP Amndmt for Indoor Rec Facility PA07-044
RESOLUTION NO. 08-05
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
APPROVING A REQUEST FOR A CUP AMENDMENT TO EXPAND AN EXISTING INDOOR
RECREATIONAL FACILITY IN THE LIGHT INDUSTRIAL (M-I) ZONING DISTRICT AT
6979 SIERRA COURT (APN 941-0205-'~34-01)
PA 07-044
WHEREAS, Naja Gentry, the Applicant, has requested approval of an amendment to an existing
Conditional Use Permit to expand the existing Indoor Recreational Facility (dance studio), in the Light
Industrial (M-l) Zoning District at 6979 Sierra Court; and
WHERAS, on January 10, 2006, the Planning Commission adopted Resolution No. 06-02 approving
a 3,062 square foot Indoor Recreational Use within an existing Light lndustriallWarehouse Building at 6979
Sierra Court; and
WHEREAS, the proposal includes a 595 square foot expansi:m to the existing Indoor Recreational
Use; and
WHEREAS, the Indoor Recreational Use requires a total of 16 on-site parking spaces and once
operational, based on the existing uses, there will be a surplus of 8 parking stalls on the site; 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 September 5, 2007 and
November 5, 2007; 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 from the environmental review requirements of the
California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301 (Existing
Facilities); and
WHEREAS, a Staff Report was submitted outlining the issues surrounding the request; and
WHEREAS the Planning Commission held a properly noticec. public hearing on said application on
February 26, 2008; 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#\2007\07-044 Spotlight Arts Academy Expansion\PC Reso.doc
NOW, THEREFORE, BE IT RESOLVED THAT the City of Dublin Planning Commission does
hereby make the following findings and determinations:
A. The proposed use and related structures are compatible with other land uses, transportation and
service facilities in the vicini~y because 1) the proposed expansion of the dance studio is located in
the Sierra Court area which has a wide variety of indus~:rial uses as well as several Indoor
Recreational Uses; 2) Chapter 8.08, Definitions includes dance studios/schools under the
"Recreational Facility/Indoor" definition; 3) Section 8.l2.050 states that a Recreational
Facility/Indoor use is permitted in the M-l (Light Industrial) Zoning District with a Conditional Use
Permit; 4) a Conditional Use Permit was approved for the Spotlight Arts Academy on January 10,
2006; and 5) the proposed expansion of the dance studio is in a 595 square foot space located in the
existing building and is compatible with the existing and allowed uses of the building.
B. The proposed use, as conditioned, will not adversely affect the health or safery of persons residing or
working in the viciniry, or be detrimental to the public health, safery and welfare and will not be
injurious to properry or improvements in the neighborhood because 1) the proposed use will be
adequately conditioned to ensure that the operation has no recognizable negative impacts to the
existing uses in the area; and 2) the proposed expansion of th,~ dance studio will comply with all of
the City of Dublin regulations.
C. The proposed use, under all circumstances and conditions of this permit, will not be injurious to
properry or improvements in the neighborhood because 1) the proposed expansion of the dance
studio will comply with all City of Dublin regulations; 2) the dance studio will be located in an
existing building and no exterior modifications will be required to the building; and 3) the typical
hours of operation occur in the late afternoon until evening which typically occurs after the business
in the building is closed which typically operate from 8:00 a.m. to 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,
safery, and welfare because 1) the proposed use will be operated completely within an existing
building that is serviced by all appropriate utilities and infrastmcture; and 2) the area was designed to
accommodate a variety of uses and the proposed use fits in with the intended uses of the area.
E. The subject site is physically suitable for the rype, densiry and intensiry of the use and related
structures being proposed because 1) 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; 2) the dance
studio will be located in an existing Light Industrial building which was designed to support a variety
of uses; and 3) the proposed dance studio expansion is 595 square feet and is located in a portion of
an existing building that is 71,281 square feet and therefore will not dominate the available square
footage of the building.
F. The proposed use will not be contrary to the specific intent clauses, development regulations, and
performance standards established for the Light Industrial (M-J) zoning district because 1)
conditions of approval have been applied to the project tc. ensure on-going compatibility with
surrounding uses; 2) the proposed use is a Conditional Use in the M-1 (Light Industrial) Zoning
District and is permitted when the required findings as stated in Section 8.100.060 of the Dublin
Zoning Ordinance can be made; 3) Section 8.76.080.D outline:; the parking requirements for "Indoor
Recreational Uses" and as required by Chapter 8.76, Off-Street Parking and Loading Regulations, the
2
total number of required parking stalls shall be per the CUP; 4) the proposed dance studio expansion
is compatible with the existing uses found in the area and therefore meets the requirements of the
Dublin Zoning Ordinance; and 5) the proposed use is consistent with the intent of the M-1 (Light
Industrial) Zoning District as defined by Chapter 8.28 because the proposed dance studio is small in
size, meets the needs of residents in the City, is compatible wi~h the surrounding land uses including
residential units and is conducted entirely within an existing bui lding.
G. The approval of this Conditional Use Permit is consistent with the Dublin General Plan because 1)
the proposed use is permitted with a Conditional Use Permit and meets the intentions of the Zoning
District in which it is located; and 2) the proposed project will result in improvements to the site
which will provide a service to the community that is consistent with the intent of the Business
ParklIndustrial General Plan Land Use designation.
BE'IT FURTHER RESOLVED THAT the City of Dublin Planning Commission does hereby
approve P A 07-044 the Spotlight Arts Academy Conditional Use Permit to expand an existing Indoor
Recreational Facility located at 6979 Sierra Court, APN 941-0205-034-01. The project approval shall be
subject to compliance with the following Conditions of Approval for a Conditional Use Permit:
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 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 Attornev, rFINl Finance, rFl Alameda County Fire Department, rDSRSDl Dublin San
Ramon Services District, rCOl Alameda County Department of Environmental Health.
GENERAL CONDITIONS
1. Approval. This Conditional Use Permit approval for PA 07-
044 is to allow the expansion of the existing Spotlight Arts
Academy by 595 feet. The existing dance studio is a 3,062
square foot facility and is located within an existing 71,281
square foot building 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
received by the Planning Department on November 5,2007.
2. Annual Review. On an annual basis, this Conditional Use
Permit approval may be subject to a review by the Planning
Manager to determine compliance with the Conditions of
A roval.
3. Revocation. The Conditional Use Permit will be revocable
for cause in accordance with Section 8.96.020.1 of the Dublin
Zoning Ordinance. Any violation of the terms or conditions
ofthis approval shall be subject to citation and possible
revocation.
PL
On-going
Standard
PL
On-going
DMC
8.96.020.1
PL
On-going
Standard
3
4. Permit Expiration and Time Extension. Approval of this
Conditional Use Permit 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. The
original approvmg 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 Zonin Administrator.
5. Compliance. The Applicant/Property Owner shall develop
this project and operate all uses in compliance with the
Conditions of Approval of this Conditional Use Permit and
the regulations established in the Zoning Ordinance. Any
violation of the terms or conditions specified may be subject
to enforcement action.
6. Hours of Operation. The approved hours of operation shall
be limited to: Monday 3:30 p.m. - 9:30 p.m.; Tuesday 3:30
p.m. - 9:00 p.m.; Wednesday 3:45 p.m. - 9:15 p.m.; Thursday
4:00 p.m. to 8:30 p.m.; Friday 3:30 p.m. - 8:00 p.m. and
Saturday 10:00 a.m. - 2:00 p.m. Any other events and
activities proposed by the Spotlight Arts Academy shall first
be subject to reVIew by the Community Development
Director.
7. Performances. All performances and/or recitals shall be held
off-site.
8. Outdoor Events. Any outside events shall be subject to the
Temporary Use Permit requirements contained in the City of
Dublin Zonin Ordinance.
9. Parking. Per the City of Dublin Zoning Ordinance, the
parking requirements shall be per the CUP. Based on the
maximum number of students per class and the number of
staff members on site at any time, 16 parking spaces shall be
rovided for the Indoor Recreation Facilit at all times.
10. NoiselNuisance. The Applicant shall control all activities on
the site so as not to create a nuisance to the surrounding
businesses and residents. No loudspeakers or amplified music
shall be ermitted to ro' ect or be laced outside the buildin .
11. Signs. Any signage on site shall be subject to the sign
requirements contained III the City of Dublin Zoning
Ordinance.
4
One year
date of
approval
PL
On-going
Standard
PL
On-going
CUP
PL
On-going
CUP
PL
On-going
Standard
PL
On-going
CUP
PL
On-going
CUP
PL
On-going
Standard
Temporary Promotional Banners and Balloons.
Temporary Promotional Banner Signs and Balloons shall
only be permitted after first securing an approved Temporary
Promotional Si Permit.
13. A-Frame Signs. The use of any A-Frame, portable,
sandwich-board, pennants or human held SIgnS on the
premises is strictly prohibited. Said signs and any form of off-
site advertising signs shall be prohibited upon any public
ro e ,includin Ci streets and sidewalks.
14. Food Preparation. No cooking or other food preparation
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 r aration.
15. Minor amendments. Modifications or changes to this
Conditional Use Permit approval may be considered and
approved by the Community Development Director, if the
modifications or changes proposed comply with Section
8.100.080, ofthe Zonin Ordinance.
16. Property Maintenance. The property shall be maintained in
accordance with Section 5.64, Property Maintenance of the
Dublin Municipal Code. The Applicant and/or property
owner shall keep the property maintained in a safe, clean and
litter-free condition at all times.
17. Building Codes and Ordinances. All project construction
shall conform to all building codes and ordinances in effect at
the time of build in ermit.
18. Fees. The Applicant shall pay all applicable fees in effect at
the time of building permit issuance, including, but not
limited to, Planning Fees, Building Fees, Dublin San Ramon
Service District fees, Public Facilities fees, Tri Valley
Transportation fees, Downtown Traffic Impact Fee, Dublin
Unified School District impact fees, City of Dublin Fire
Bureau fees, Noise Mitigation fees; Inc1usionary 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
existin im rovements.
PL
On-going
DMC
8.84.150
PL
On-going
CUP
PL
On-Going
CUP
B
On-going
Standard
B
Through
Completion
UBC
B
Issuance of
Building
Permits
Standard
5
19. Building Permits. To apply for building permits, the
Applicant shall submit eight (8) 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 participating non-City agencies prior to the
issuance of build in ermits.
20. Construction Drawings. Construction plans shall be fully
dimensioned (including building elevations) accurately drawn
(depicting 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.
21. 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 from the street, 5 inches in height
mImmum.
22. Engineer Observation. The Engineer of record shall be
retained to provide observation services for all components of
the lateral and vertical design of the building, including
nailing, holddowns, straps, shear, roof diaphragm and
structural frame of building. A written report shall be
submitted to the City Inspector prior to scheduling the final
frame ins ection.
23. Temporary Fencing. Temporary Construction fencing shall
be installed along the perimeter of all work under
construction.
24. Air Conditioning Units. Air conditioning units and
ventilation ducts shall be screened from public view with
materials compatible to the main building. Units shall be
permanently installed on concrete pads or other non-movable
materials approved by the Building Official and Director of
Communit Develo ment.
25. Building and Fire Codes. The project will need to comply
with the applicable Building and Fire Codes. Site and Building
plans shall be provided for review and approval by the fire
d artment.
6
Issuance of
Building
Permits
B
Issuance of
Building
Permits
Standard
B
Occupancy
Standard
B
Prior to
frame
inspection
Standard
B
Through
Construction
Standard
B
Prior to
Occupancy
Standard
F
Final
Standard
26. Addressing. Approved numbers or addresses shall be placed
on the tenant space in such a position as to be plainly visible
and legible from the street or road fronting the property. Said
numbers shall be placed on a contrasting background. CFC
914.4.4.
27. Fire Extinguishers. Extinguishers shall be visible and
unobstructed. Signage shall be provided to indicate fire
extinguisher locations. The final number and location of
extinguishers shall be as indicated by the fire inspector. Fire
extinguishers shall meet a minimum classification of 2A lOBe.
Extinguishers weighing 40 pounds or less shall be mounted no
higher than 5 feet above the floor measured to the top of the
extinguisher. Extinguishers shall be inspected monthly and
serviced b a licensed concern annuall .
28. Fire Sprinklers. Existing fire sprinkler systems shall be
modified as necessary to provide protection of all tenant
improvements. Submit detailed drawings of all sprinkler
modifications, including cut sheets, listing sheet and
calculations to the Fire Department for approval and permit
prior to installation. All sprinkler system components shall
remain in compliance with the applicable NFP A 13 Standard,
the California Fire Code and the California Building Code. If
the existing fire sprinkler system does not have a current 5-
Year Certification, such will need to be obtained and all
deficiencies corrected prior to project final. If it has a current
5-year Certification, copies of the last 4 quarterly reports will
need to be provided to the Fire Inspector prior to final for
review. The fire sprinkler shall have an audible alarm in each
suite served b the fire s rinkler s stem.
29. Central Station Monitored Account. Automatic fire
extinguishing systems within the buildings shall have all
control valves and flow devices electrically supervised and
maintained by an approved central alarm station. Zoning and
annunciation of central station alarm signals shall be
submitted to the Fire Department for approval. The central
station monitoring servIce shall be either certified or
lacarded as defined in N.F.P.A Standard No. 72.
30. Monitoring System Plans. If it is necessary to install a fire
alarm monitoring system or modify an existing system in
order to obtain a Certificated or Placarded account, plans and
specifications shall be submitted to the fire department for
review and a roval ofthe installation or modifications.
7
F
Occupancy/
On-going
CUP
F
On-going
Standard
F
On-going
Standard
F
On-going
Standard
31. Key Box. A Fire Department Key Box shall be installed at the
main entrance to the building. The key box should be installed
5 Yz feet above grade. The box shall be sized to hold the
master key to the facility as well as keys for rooms not
accessible by the master key. Specialty keys, such as the fire
alarm control key and elevator control keys shall also be
installed in the box.
32. Egress. Exit signs shall be visible and illuminated with
emer enc Ii tin when occu ant load exceeds 100 ersons.
33. Interior Finish. Wall and ceiling interior finish material shall
meet the requirements of Chapter 8 of the California Building
Code. Interior finishes shall be field verified upon final
ins ection. Decorative materials shall be fire retardant.
34. Exit Hardware. All exit hardware, even when the door is in a
locked position, shall be openable from the egress side within
one action. No keys, special knowledge or effort shall be
required. Hardware shall be of a type, such as panic or lever-
acting, that does not require grasping. Where additional locks
or latching devices are desired on the door, such shall be
interconnected to the exit hardware so upon activation of the
exit hardware all locks and latches release with that one
action.
35. Maximum Occupant Load. Posting of room capacity is
required for any occupant load of 50 persons or more.
Submittal of a seating plan on 8 Yz" by 11" paper is required
rior to final occu anc .
36. Accessibility. The applicant shall provide curb-cut from the
access aisle from the parking space in order for a disabled
erson to have access to the main entrance.
37. Disabled Parking. The applicant shall upgrade the existing
parking stall to current ADAlTitIe 24 standards. Please assure
that the avement slo es does not exceed 2% in an direction.
38. Security Ordinance. The Applicant shall comply with all
applicable City of Dublin Non Residential Security Ordinance
requirements related to addressing, lighting, landscaping,
sk Ii ts, doors, etc.
39. Graffiti. The Applicant shall keep the site clear of graffiti
vandalism on a re ular and continuous basis at all times.
40. Motion Sensor Lighting. The Applicant shall install motion
sensor lighting or lighting that cannot easily be turned off or
on by the user (i.e. by installing a lockable light switch over)
in the new addition, which will be used as a vocational dance
room.
8
F
On-going
F
On-going
F
On-going
F
On-going
PW
Occupancy
PW
Occupancy
PO
On-going
PO
On-going
PO
Occupancy
Standard
Standard
Standard
Standard
Standard
Standard
CUP
CUP
CUP
41 Exit Doors. Doors leading from the new addition to the
common stair area shall be identified in 4" lettering (e.g.
"Spotlight Dance Studio/Exit Only.") Existing doors
connecting the office and the room designated as S-1
Occupancy to the staircases shall be similarly identified for
consistenc .
42 DSRSD Improvement Plans. Prior to issuance of any DSRSD
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 a licable DSRSD Master Plans and all DSRSD olicies
43 DSRSD Utility Connection Fees. Prior to issuance by the DSRSD
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 III accordance with the rates and schedules
established in the DSRSD Code.
44 Hold Harmless. The applicant shall hold DSRSD, it's Board DSRSD
of 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
com letion of the ro' ect.
Issuance of
Building
Permits
Standard
Issuance of
Building
Permits
Standard
On-going
Standard
PASSED, APPROVED, AND ADOPTED this 26th day of February 2008.
AYES: Schaub, Tomlinson, Wehrenberg and Biddle
NOES: NONE
ABSENT: NONE
ABSTAIN: King
tDYLdiJ 4 ~ ~
II Schaub
6~f6D~Y AA. 7l)l\iL,lrJJD,J
9