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HomeMy WebLinkAboutPC Reso 09-02 Appv CUP for Indoor Recreational Facility PA08-032RESOLUTION NO. 09-02 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 ODUSTRIAL (M-1) ZONING DISTRICT AT 6780 SIERRA COURT UNITS K & 1, (APN 941-0205-038) PA 08-032 WHEREAS, the Applicant, Rachelle Okmin, has requested approval of a Conditional Use Permit to operate an Indoor Recreational Facility (Gymnastics Training Center), at 6780 Sierra Court Units K and L; and WHEREAS, the Applicant has submitted a Written Statement dated received September 15, 2008; a description of classes and class schedule dated received December 18, 2008; and Project Plans dated received December 2, 2008; and WHEREAS, the proposal includes a 15,228 square-foot Gymnastics Training Center within an existing 107,727 square foot industrial building; and WHEREAS, the project site has a General Plan Land Use Designation of Business Park/Industrial and is zoned M-1 (Light Industrial); and WHEREAS, an Indoor Recreational Facility (Gymnastics Training Center) is permitted in the M- 1 (Light Industrial) Zoning District with approval of a Conditional Use Permit by the Zoning Administrator; and WHEREAS, pursuant to Section 8.96.020 C.2.the Zonin;; Administrator transferred original hearing jurisdiction to the Planning Commission; and WHEREAS, the City of Dublin Zoning Ordinance does not contain off-street parking requirements for gymnastics training centers; and WHEREAS, a parking analysis was performed by the Public Works Department concluding that the indoor recreational use requires a total of 47 on-site parking spaces during peak hours of operation on Mondays through Fridays and once operational, based on the existing uses, there will be a surplus of 14 parking stalls on the site; and WHEREAS, birthday celebrations are permitted to take place on Saturdays and Sundays throughout the year with a maximum of 16 children; and WHEREAS, four special events are permitted to take place annually on Saturdays and Sundays only with a maximum of 125 participants and attendees; and WHEREAS, the proposed gymnastics training center is compatible with existing adjacent uses; and 1 of 9 WHEREAS, the application has been reviewed in accordance with the provisions of the California Environmental Quality Act (CEQA) and this project was found to be exempt under the CEQA Guidelines Section 15301 (Existing Facilities); and WHEREAS, the Planning Commission held a public hearir g on said application on January 13, 2009; and WHEREAS, the 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 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 use and related structures is compatible with other land uses, transportation and service facilities in the vicinity because: 1) the proposed location of the Gymnastics Training Center is located in the Sierra Court Business Park area which has a wide variety of industrial uses as well as several Indoor Recreational Uses; 2) Chapter 8.08, Definitions includes establishments that provide physical fitness services under the "Recreational Facility/Indoor" definition; 3) Section 8.12.050 states that a Recreational Facility/Indoor use is permitted in the M-1 (Light Industrial) Zoning District with a Conditional Use Permit; 4) the proposed location of the Gymnastics Training Center is in a 15,228 square foot tenant space located in an existing multi- tenant building and is compatible with the existing and allowed uses of the building; 5) Conditions of Approval are provided to ensure the safety of the gymnastics training center's staff and clients; 6) Condition of Approval No. 17 is provided that will require students 13 years of age and younger shall be escorted by an adult into and out of the facility and that no child under the age of 18 shall be left unattended outside the facility at any time; and 7) Conditions of Approval numbers 26 and 34 are provided to ensure that adequate exterior lighting is provided on-site to guarantee a high level of visibility. B. The proposed use, as conditioned will not adversely affect the health or safety ofpersons residing or working in the vicinity, or be detrimental to the public health, safety and welfare 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 Light Industrial Business Park; and 2) the proposed gymnastics training center will comply with all of the City of Dublin regulations. C. The proposed use, under all circumstances and conditions c f this permit, will not be injurious to property or improvements in the neighborhood because: 1) the proposed gymnastics training center will comply with all City of Dublin regulations; and :2) the gymnastics training center will 2 of 9 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 because: 1) the proposed u3e will be operated completely within an existing building that is serviced by all appropriate utilities and infrastructure; 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 type, density and intensity 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 Edge Gymnastics Training Center will be located in an existing Light Industrial Business Park which was designed to support a variety of uses; 3) the proposed gymnastics training center is 15,228 square feet in size and is located in a portion of an existing multi-tenant building that is 107,727 square feet and therefore will not dominate the available sc uare footage of the building; and 4) Conditions of Approval associated with on-site lighting and access are provided to ensure the safety of the gymnastics training center's staff and clients. F. The proposed use will not be contrary to the specific intent clauses, development regulations, or performance standards established for the zoning district in which it is located because: 1) Conditions of Approval have been applied to the project to 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 is silent on the parking requirements for a Gymnastics Training Center, therefore the City Senior Transportation Engineer prepared a parking analysis and determined that the total number of parking stalls required in order to support the proposed Gymnastics Training Center is 25 parking spaces and based upon new information provided, the City Engineer reviewed the parking study and determined that 47 parking spaces would be required in order to support the Gymnastics Training Center; 4) Condition of Approval No. 12 is provided to allow four special events to take place on-site annually and shall be limited to Saturdays and Sundays only; 5) the special events shall be conducted solely within the interior of the building with the exception of the temporary establishment of portable restroom facilities; 6) the special events shall be limited to 125 participants and attendees at a given time; 7) the proposed Gymnastics Training Center is compatible with the existing uses found in the Sierra Court Light Industrial Business Park and therefore meets the requirements of the Dublin Zoning Ordinance; and 8) 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 Gymnastics Training Center is small in size, meets the needs of residents in the City, is compatible with the surrounding land uses and is conducted entirely within an existing building. G. The approval of this Conditional Use Permit is consistent with the Dublin General Plan and with any applicable Specific Plans 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 Park/Industrial General Plan Land Use designation. BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission does hereby approve PA 3 of 9 08-032, Conditional Use Permit, to allow an Indoor Recreational Facility (Gymnastics Training Center) in the M-1 (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 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. LEO] Police, [PW] Public Works [ADM] Administration/City Attorney, [FIN] Finance, [F] Alameda County Fire Department, [DSRSD] Dublin San Ramon Services District, [CO] Alameda County Department of Environmental Health. CONDITION TEXT RESPON. WHEN REQ'D SOURCE AGENCY Prior to: GENERAL 1. Permit Approval. This Conditional Use Permit PL On-going Planning approval is for the establishment of a 15,228 square- foot Indoor Recreational Facility, a Gymnastics Training Center, at 6780 Sierra Court (the "Project"). The Project shall generally conform to the Project Plans submitted by Morelan Associates Inc. dated received December 2, 2008, stamped approved and on file in the Community Development Department, a letter dated received September 15, 2008 by Rachelle Okmin, a letter describing days and hours of operation, attendance and staffing dated received December 18, 2008 by Kristin Schrader, and other materials relating to this approval, unless modified by the Conditions of Approval contained herein. 2. Permit Expiration and Time Extension. PL One year from DMC Construction or use shall commence within one (1) date of approval 8.96.020.D year of Permit approval or the Permit shall lapse and and E become null and void. The original approving decision-maker may grant a time extension for a period no longer than six (6) months provided that the Applicant submits a written request for an extension prior to expiration of the Permit and a determination can be made that all Conditions of Approval remain adequate to assure that applicable findings of approval will continue to be met. 3. Revocation. The Conditional Use Permit approval PL On-going DMC shall be revocable for cause in accordance with 8.96.020.1 Dublin Zoning Ordinance Section 8.96.020.1, Revocation. Any violation of the terms and conditions of this Permit may be subject to the issuance of a citation. 4of9 4. 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. 5. Annual Review. On at least an annual basis, this PL On-going Planning Conditional Use Permit shall be subject to Zoning Investigator Review and determination as to compliance with the Conditions of Approval. 6. Clarifications to the Conditions of Approval. In PL, PW On-going Standard the event that there needs to be clarification to the Conditions of Approval, the Director of Community Development and the City Engineer have the authority to clarify the intent of these Conditions of Approval to the Applicant/ Developer without going to a public hearing. The Director of Community Development and the City Engineer also have the authority to make minor modifications to these conditions without going to a public hearing in order for the Developer to fulfill needed improvements or miti ations resulting from impacts to this Project. 7. Signs. All signs shall be subject to the requirements PL On-going DMC 8.84 of the Sign Regulations within the Zoning Ordinance. 8. Temporary Promotional Banners and Balloons. PL On-going Planning Temporary promotional banners and balloons shall only be permitted after first securing an approved Temporary Promotional Si Permit. 9. On-Site Signage. The use of any A-Frame, portable, PL On-going DMC sandwich-board, pennants or human held signs on 8.84.150 the remises is strictly prohibited. 10. Off-Site Signage. In accordance with Dublin PL On-going DMC Municipal Code Section 8.84.150 F. off-site 8.84.150 advertising and directional signs are prohibited. PLA NNING DIVISION - PROJECT SPECIFIC 11. Days and Hours of Operation. The Gymnastics PL On-going Planning Training Center classes shall be limited to Monday - Friday 9 a.m. - 9 p.m. and Saturdays from 9:a.m. - 2:00 .m. 12. Special Events. Special events, including but not PL On-going Planning limited to, gymnastics competitions hosted at the facility shall be limited to Saturdays and Sundays only and shall take place no more than four times per year. Signage associated with special events shall comply with Dublin Municipal Code Section 8.84 (refer to Conditions of Approval 7-10). 5 of 9 13. Special Event Hours. Special events shall be PL On-going Planning limited to the hours of 8 a.m. and 11 p.m. Training center set-up may begin no earlier than 7 a.m. on special event days. 14. Special Event Attendee Limitations. In PL On-going Planning accordance with the revised letter from Kristin Schrader describing days and hours of operation, attendance, staffing and additional class schedules dated received December 18. 2008 the number of special event attendees shall be limited to a total of 125 0 le at a given time. 15. Special Event Notification. The Applicant shall PL, B & On-going Planning, notify the Planning Division and all tenants within PO Building & the building in writing of upcoming special events a Police minimum of 14 days prior to the special event taking place. At a minimum the following information shall be provided: 1. Type of event and description of the event activities; 2. Date and time of the event; 3. Number of anticipated attendees; and 4. Number and location of additional seating. *Note that additional seating may require a building permit. 16. Birthday Celebrations. Birthday celebrations are PL On-going Planning permitted on Saturdays and Sundays only from 9 a.m. to 5 in. and are not considered special events. 17. Drop-Off and Pick-Up of Students. Students 13 PL On-going Planning years of age and younger shall be escorted by an adult into and out of the facility. No children under the age of 18 shall be left unattended outside the facility at an time. 18. Maximum Number of Students and Classes. PL On-going Planning Maximum Number of Students at a Given Time • Monday - Friday from 9 a.m. to 3:30 p.m. a maximum of 30 students are allowed to take classes at a given time. • Monday - Friday from 3:30 p.m. to 9 p.m. a maximum of 82 students are allowed to take class at a given time. Maximum Number of Classes at a Given Time • Monday through Friday between the hours of 9 a.m. to 3:30 p.m. a maximum of four classes may take place at a given time. • Monday through Friday between the hours of 3:30 p.m. to 9 p.m. a maximum of four classes may take place at a given time. 6of9 19. Noise/Nuisances. The Applicant/Property Owner PL On-going Planning shall control all activities on the project site so as not to create a nuisance to the existing or surrounding businesses. No loudspeakers or amplified music shall be permitted to project or be placed outside of the building. The Applicant shall monitor loud speaker noise and impacts on adjacent tenants. 20. Noise Ordinance. The Applicant/Property owner PL On-going DMC 5.28 shall comply with the City of Dublin Municipal Code Noise Ordinance. 21. On-Site Activities. All activities associated with PL On-going Planning the Gymnastics Training Center including special events shall be conducted entirely within the enclosed building. 22. Outdoor Events. Any outside events shall be PL On-going DMC 8.108 subject to the Temporary Use Permit requirements contained in the City of Dublin Zoning Ordinance. 23. Tenant Space. The tenant space shall be used in PL On-going Planning the manner represented in the Project Plans, Written Statements and other documents submitted as part of the a lication. 24. Number of Parking Spaces. In accordance with a PL On-going Planning parking analysis performed by the City Engineer (dated December 20, 2008) a minimum of 47 parking spaces shall be provided at all times to accommodate the Gymnastics Training Center. 25. Maintenance of Required Parking. Parking PL On-going Planning spaces provided in order to meet on-site minimum parking requirements shall remain unimpeded by storage units, trash receptacles and other equipment/materials. 26. Photometric Calculation. Provide photometric PL, PO Prior to Planning calculations for the existing parking lot and around Occupancy the building that demonstrates 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 on-site lighting where necessary. BUILDING DIVISION 27. Building Codes and Ordinances. All project B Through Building construction shall conform to all Building codes and Completion ordinances in effect at the time of building permit. 28. Building Permits. To apply for Building permits, B Issuance of Building Applicant/Developer shall submit eight (8) sets of building permits construction plans to the Building Division for plan check. Each set of plans shall have attached an 7 of 9 annotated copy of these Conditions of Approval. The notations shall clearly indicate how all Conditions of Approval will or have been complied with. Construction plans will not be accepted without the annotated Resolutions attached to each set of plans. Applicant/Developer will be responsible for obtaining the approvals of all participation non-City agencies prior to the issuance of Building permits. 29. Construction Drawings. Construction plans shall B Prior to issuance Building be fully dimensioned (including building elevations) of building accurately drawn (depicting all existing and permits 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. 30. Addressing. Address will be required on all doors B Prior to Building leading to the exterior of the building. Addresses occupancy shall be illuminated and be able to be seen from the street, 5 inches in height minimum. 31. 60 Foot No Build Covenant. Pursuant to Dublin B Prior to final Building Municipal Code Section 7.32.130, the owner shall occupancy file the Building Official a Covenant and Agreement Regarding Maintenance of Yards for an Oversized Building binding such owner, his heirs, and assignees, to set aside a 60-foot required yard as unobstructed space having no improvements. After execution by the owner and Building Official, such covenant shall be recorded in the Alameda County Recorder's Office, and shall continue in effect so long as an oversized building remains or unless otherwise released by authority of the Building Official. BUI LDING DIVISION - PROJECT SPECIFIC 32. Plumbing Fixtures. The number of plumbing B Prior to Building fixtures (restroom count) shall be in conformance Occupancy with the Code requirements at the time of permitting. FIR E PREVENTION DIVISION 33. Fire Codes. Project shall comply with the applicable F Prior to Fire Building and Fire Codes. Site and Building plans occupancy shall be provided for review and approval by the Fire Department. POLICE 34. Non Residential Security Ordinance. The PO Prior to Police Applicant shall comply with all applicable City of occupancy 8of9 Dublin Non Residential Security Ordinance requirements. The Code includes sections related to lighting within bathrooms, exterior lighting, and exterior doors. 35. Room Signage. All interior doors leading to locker PO Prior to Police rooms, storage, offices, etc., shall be identified with occupancy lettering or signs. This will assist first responders in an emer enc situation. 36. Exterior Doors. All exterior doors shall be PO Prior to Police identified according to the rooms/space they access: occupancy office, entrance, equipment room, exit only, etc. PASSED, APPROVED AND ADOPTED this 13th day of January 2009 by the following vote: AYES: Webrenberg, King, Schaub and Swalwell NOES: ABSENT: ABSTAIN: ATTEST: Comm ty Development Director 1 Planning Comm:_ssion C air G: IPAM2008IPA 08-032 Edge GymnasticslDraft PC DocumentsWevised FINAL Edge PC Reso.doc 9 of 9