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HomeMy WebLinkAboutPCReso 99-12 PA98-072 Dublin Theater CUP RESOLUTION NO. 99 - 12 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING PA 98-072 DUBLIN THEATRE COMPANY CONDITIONAL USE PERMIT REQUEST TO AMEND THE HOURS AND SCALE OF OPERATION OF THE EXISTING FACILITY LOCATED AT 6620 DUBLIN BOULEVARD, DUBLIN STATION. WHEREAS, the Applicant, Rick Robinson, of the Dublin Theatre Company has requested approval of a Conditional Use Permit to amend the hours and scale of operation of the existing facility located at 6620 Dublin Boulevard, Dublin Station, in a C-2 General Commemial Zoning District; and WHEREAS, the Dublin Theatre Company provides theatrical performances/recitals and acting, singing and dance classes for children, teenagers and adults; 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, the project has been found to be Exempt from the California Environmental Quality Act (CEQA), according to Section 15061(b)(3). It can be seen with certainty that there is no possibility that the project may have an impact on the environment because the proposed project would be located on a currently developed site within an existing retail/office complex and because the traffic impacts generated by the project have been mitigated by the voluntary payment of funds in the amount of $2, 992 by the Applicant for street improvements; and WHEREAS the Planning Commission held a properly noticed public hearing on said application on March 23, 1999; and WHEREAS, the Staff Report was submitted recommending that the application be approved; and WHEREAS, the Planning Commission did hear and consider all said reports, recormnendations and testimony hereinabove set forth and used his 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 find that: The proposed use is compatible with other land uses, transportation and service facilities in the vicinity because the proposed use will be located within a multi-tenant retail/office complex adjacent to Dublin Boulevard near the intersection of Dougherty Road. Adequate on-site parking and circulation is available. The proposed use will not adversely affect the health or safety of persons residing or working in the vicinity, and will not be detrimental to the public health, safety and welfare because all City and Alameda County regulations and conditions will be met. The use will not be injurious to property or improvements in the neighborhood because the Applicant has voluntarily agreed to pay traffic funds in the amount of $2, 992 for street improvements to mitigate the traffic impacts generated by the Dublin Theatre Company. Conditions of approval will ensure ongoing compatibility with adjacent commemial uses. 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. The subject site is physically suitable for the type, density and intensity of the use and related structures being proposed because the site is currently developed with a mixed-use complex and adequate on-site parking and circulation is available for the proposed use. The use is not contrary to the specific intent clauses, development regulations, and performance standards established for the zoning district in which it is located because the project is consistent with the C-2 General Commercial Zoning District, which encourages general commercial use types along major transportation corridors and intersections and because the conditions of approval are required to ensure that the proposed amendment to the hours and scale of operation of the Dublin Theatre Company will be compatible with adjacent uses. G. The proposed use permit amendment is consistent with the Dublin General Plan. BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission does hereby approve PA 98-072 Dublin Theatre Company Conditional Use Permit request to amend the hours and scale of operation of the existing facility at 6620 Dublin Boulevard, Dublin Station, as generally depicted by the site plan and floor plan, labeled Exhibit 1, dated received on December 16, 1998, stamped approved and on file with the Dublin Planning Department, subject to compliance with the following conditions: 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 Department review and approval. The following codes represent those departments/agencies responsible for monitoring compliance of the conditions of approval. [PL.] Planning, [BI Building, [PO] Police, [PW] Public Works [ADM] Administration/City Attomey, [FIN] Finance, IF] Alameda County Fire Department, [DSR] Dublin San Ramon Services District, [CO] Alameda County Department of Environmental Health. 2 GENERAL PROVISIONS Approval. PA 98-072 Dublin Theatre Company Conditional Use Permit request is approved to amend the hours and scale of operation of the existing facility at 6620 Dublin Boulevard, Dublin Station. This approval shall generally conform to the staff report, Applicant's written statement and project plans stamped approved, labeled Exhibit 1, consisting of a three (3) sheets, a site plan prepared by the Applicant, dated received by the Planning Department on December 16, 1998 and a floor and seating layout plan prepared by David Austin Smith, Architect, dated received by the Planning Department on December 16, 1998. [PL] Period of approval. 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.[PL] 3. Operation. Operation of the Dublin Theatre Company shall be as follows: Classes: Monday to Friday: Saturday: Sunday: 8:00 a.m. - 10:00 p.m. 8:00 a.m. - 6:00 p.m. 1:00 p.m. - 8:00 p.m. Performances: Monday to Friday: Friday, Saturday: Sunday: 8:00 a.m. - 2:00 p.m. 1 evening performance 1 afternoon and 1 evening performance Theatre Rehearsal Times: Monday to Friday: 9:00 a.m. - 5:00 p.m. No. of Performances (main studio only): 33 weekends out of year No. of Classes: 61 Main Studio. The Main Studio shall have a maximum occupancy of eighty persons including actors, audience, stage manager, director or other staff at a performance in the main studio. [PL, F, B] 5. Practice Studio. The Practice Studio shall have a maximum occupancy of 55 persons. [F, B] Noise/Nuisances. The Applicant shall limit interior and exterior noise so as not to create a nuisance to the existing or surrounding businesses within the building. Ifa noise issue occurs, the Applicant shall either sound proof the tenant space or otherwise address the problem, subject to the review and approval of the Zoning Administrator. No loudspeakers or amplified music shall be permitted to project or be placed outside of the building. [PL, PO] Activities. All activities associated with the use shall be conducted entirely within the enclosed building. [PL] ge Maintenance. The Applicant shall be responsible for maintaining the premises in safe, clean and litter-free conditions at all times. The Applicant shall be responsible for cleaning up and disposing of Dublin Theatre Company generated trash and litter on-site and off-site within the neighborhood. [PL] 3 POLICE SECURITY City of Dublin Non-Residential Security Requirements. All security hardware for the use must comply with the City of Dublin Non-Residential Security Requirements (see Attachmem 3). Security hardware must be provided for all existing and proposed doors, windows, roof, vents, and skylights and any other areas per Dublin Police Services recommendations and requirements. [PO, BI 10. Graffiti. The ApplicantYProperty Owner shall, at all times, keep the exterior of the building clear of graffiti vandalism on a regular and continuous basis. [PO, PL] 11. Robbery, burglary, theft prevention and security program. The Applicant shall work with Dublin Police Services on an ongoing basis to establish an effective robbery, burglary, theft prevention and security program for the business. [PO] FIRE PROTECTION 12. Regulations and requirements. The Applicant shall comply with Alameda County Department of Environmental Health and Alameda County Fire Department regulations and requirements at all times. [CO, FI 13. Fire Drills. Fire drills shall be conducted on a monthly basis and a report filed with Alameda County Fire Department. [F] 14. Seating Plan. The Applicant shall submit a seating plan for the main and practice studio to the Alameda County Fire Department studio for the review and approval. [F, B] 15. Occupancy Sign. The Applicant shall post a maximum occupancy sign in accordance with the Uniform Fire Code, Uniform Building Code and/or State Fire Code. [F, B] 16. Fire Permit (Assembly). The Applicant shall obtain an Annual Fire Permit (Assembly) as required by the Alameda County Fire Department. [F] BUILDING 17. Regulations and requirements. The Dublin Theatre Company shall obtain all necessary permits from the Dublin Building Department and comply with all regulations and requirements of the City and State Uniform Building Code. [BI MISCELLANEOUS 18. Use Permit PA 98-054. The Dublin Theatre Company shall comply with all conditions of use permit PA 98-054 except those specifically amended above. [PL] 19. Signs. Any signage on site shall be subject to the City's Sign Ordinance. [PL] 20. 21. Annual review. On at least an annual basis, this Conditional Use Permit shall be subject to Zoning Investigator Review and determination as to compliance with the conditions of approval. [PL] Revocation of permit. The permit shall be revocable for cause in accordance with Section 8.96.020.I of the Dublin Zoning Ordinance PASSED, APPROVED AND ADOPTED this 23rd day of March, 1999. AYES: Cm. Jennings, Johnson, Hughes, Musser, and Oravetz NOES: ABSENT: ATTEST: Co~~v~:or~ G:\pa98072Xreso Planning C o mmis ~'n-Ch~irber sor~/