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HomeMy WebLinkAbout8.1, Attmt 2 Reso approving CUP for off-site parkingRESOLUTION NO. 09 - XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING A CONDITIONAL USE PERMIT TO OPERATE A BANQUET FACILITY AT 4288 DUBLIN BOULEVARD, SUITE 218 IN THE ULFERTS CENTER AND ALLOW THE USE OF OFF-SITE PARKING PA 09-006 WHEREAS, the Applicant, Karen Kam, has requested approval of a Conditional Use Permit to operate a 3,162 square foot banquet facility and to permit the use off off-site parking to help fulfill the parking requirement of this at 4288 Dublin Boulevard, Suite 218; and WHEREAS, the Applicant has entered into an agreement with the property owner of an adjacent parcel located at 4160 Dublin Boulevard which guarantees the use of 30 parking stalls on this property fulfill the parking requirements for the banquet facility; and WHEREAS, a complete application was submitted and is available and on file in the Department of Community Development; and WHEREAS, the California Environmental Quality Act (CEQA), together with State Guidelines and City Environmental Regulations require that certain projects be reviewed for environmental impacts 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, the Planning Commission did hold a public hearing on said application on October 13, 2009, for this project; and WHEREAS, proper notice of said public hearing was given in all respects as required by law; and WHEREAS, a Staff Report was submitted recommending that the Planning Commission approve the Conditional Use Permit; and WHEREAS, the Planning Commission did hear and use independent judgment and considered all said reports, recommendations, and testimony hereinabove set forth; and WHEREAS, the Planning Commission has found that the proposed project is appropriate for the subject site. NOW, THEREFORE, BE IT RESOLVED THAT the City of Dublin Planning Commission does hereby make the following findings and determinations regarding the banquet facility: A. The proposed use and related structures are compatible with other land uses, transportation and service facilities in the vicinity because: 1) the proposed location of the banquet facility is in the ATTACHMENT 2 Eastern Dublin Specific Plan area which has a wide variety of commercial and office uses; 2) The Planned Development in which the site is located has an underlying zoning designation of General Commercial and Campus Office; 3) as part of the application, the Applicant is requesting that the Planned Development Zoning District (PA 98-047) be amended to expand the list of conditional uses to include a banquet facility; and 4) the proposed location of the banquet facility is within a 3,162 square foot tenant space located in an 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 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: 1) the proposed use will be conducted entirely within an existing building; 2) the proposed use will be adequately conditioned to ensure that the operation has no recognizable negative impacts to the existing uses in the vicinity; and 3) the proposed banquet facility 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 property or improvements in the neighborhood because: 1) the proposed banquet facility will comply with all City of Dublin regulations; and 2) the banquet facility will 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 use 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-site and off-site parking is adequate to serve the proposed use; 2) the banquet facility is located in the Eastern Dublin Specific Plan area which was designed to support a variety of uses; and 3) the proposed banquet facility is 3,162 square feet in size and is located within a portion of an existing 52,418 square foot shopping center. F. The proposed use will not be contrary to the specific intent clauses, development regulations, and performance standards established for the Planned Development (PD) Zoning District because: 1) Conditions of Approval have been applied to the project to ensure on-going compatibility with surrounding uses; 2) the Zoning Ordinance does not include a parking requirement for banquet facilities and therefore the parking requirement is determined by the Conditional Use Permit; 3) the operation of the banquet facility is consistent with the Eating and Drinking Establishment parking requirement which requires 1 parking space for every 100 square feet which requires 32 parking spaces; 4) the proposed banquet facility is compatible with the existing uses found in the vicinity and therefore meets the requirements of the Dublin Zoning Ordinance; and 5) the proposed use is consistent with the intent of the Planned Development Zoning District because the proposed banquet facility, meets the needs of residents and businesses in the City, is compatible with the surrounding land uses and is conducted entirely within an existing building. 2 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 (once the Planned Development Zoning for PA 98-047 is amended) and meets the intentions of the Zoning District in which it is located; and 2) the proposed project will provide a service to the community that is consistent with the intent of the Campus Office Land Use Designation. BE IT FURTHER 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 Permit findings can be made. B. The most distant parking space from a non-residential use type is not more than 400 feet from the use. 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 a Planned Development zoning district with commercial and office uses. 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 PA 09-006 the Ulferts Center Conditional Use Permit to operate a banquet facility located at 4288 Dublin Boulevard and permit 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: CONDITIONS OF APPROVAL: Unless stated otherwise all Conditions of Approval shall be complied with prior to the issuance of hni1ding hermits or establishment of use. and shall be subject to Planning Department review and those comnliance of the conditions of approval: fPLI Planning, fBl Building, PW Public Works F Alameda NO. CONDITION TEXT RESP. WHEN SOURCE AGENCY REQ'D Prior to GEN ERAL CONDITIONS 1. Approval. This Conditional Use Permit approval for PA PL On-going Standard 09-006 is to allow the operation of a 3,162 square foot Signature Room (assembly space/banquet facility) as part of the Ulferts Shopping Center at 4288 Dublin Boulevard, Suite 218. This approval shall generally conform to the project plans and statements received by the Planning Department on August 28, 2009. 2. Permit Expiration. Approval of this Conditional Use PL One year DMC Permit shall be valid for one year from the effective date. from date of 8.96.020.D This approval shall be null and void in the event the approval approved use fails to be established within one year, or ceases to operate for a continuous one-year period. NO. CONDITION TEXT RESP. WHEN SOURCE AGENCY REQ'D Prior to 3. Time Extension. In the event that the Applicant is PL Ongoing DMC unable to establish the use within one year, the original 8.96.020.E approving decision-maker may, upon the Applicant's written request for an extension of approval prior to expiration, and upon the determination that all Conditions of Approval remain adequate to assure that applicable findings of approval will continue to be met, grant a time extension of approval for a period not to exceed six (6) months. All time extension requests shall be noticed and a public hearing or public meeting shall be held as required b the articular Permit. 4. Permit Validity. This Conditional Use Permit approval PL On-going DMC shall be valid for the remaining life of the approved 8.96.020.F structure so long as the operators of the subject property comply with the project's conditions of approval. 5. Revocation of Permit. This Conditional Use Permit PL On-going DMC approval shall be revocable for cause in accordance with 8.96.020.1 Section 8.96.020.1 of the Dublin Zoning Ordinance. Any violation of the terms or conditions of this permit shall be subject to citation. 6. Minor Amendments. Modifications or changes to this PL On-going CUP 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 of the Zoning Ordinance. 7. Hold Harmless. The Applicant/Developer shall defend, PL On-going Standard indemnify, and hold harmless the City of Dublin and its agents, officers, and employees from any claim, action, or proceeding against the City and its agents, officers, or employees to attack, set aside, or annul an approval of the City of Dublin or its advisory agency, Planning Commission, City Council, Director of Community Development, Zoning Administrator, or any other department, committee, or agency of the City of the site development review; provided, however, that the Applicant/Developer's duty to defend, indemnify, and hold harmless under this provision shall be subject to the City's promptly notifying the Applicant/Developer of any said claim, action, or proceeding and the City's cooperation in the defense of such actions or proceedings. 8. Compliance. The Applicant/Property Owner shall PL On-going Standard 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 terns or conditions specified may be subject to enforcement action. 9, Property Maintenance. The property shall be PL On-going Standard 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. NO. CONDITION TEXT RESP. WHEN SOURCE AGENCY REQ'D Prior to 10. Fees. The Applicant shall pay all applicable fees in effect PL On-going Standard 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, 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. PROJECT SPECIFIC CONDITIONS PLANNING 11. Hours of Operation. The Signature Room is permitted PL On-going CUP to operate 7 days a week. The operational hours of the Signature Room are 9:00 a.m. to 11:00 p.m. The Signature Room's hours and days of operation vary with the number of rentals weekly. 12. Noise/Nuisance. The Applicant shall control all business PL On-going CUP activity so as not to create a public or private nuisance to the existing and surrounding businesses and residents. No amplified sounds shall be permitted outside the building. Loudspeakers, music, or similar amplified noises are strictly rohibited. 13. Signage. No permanent signage is permitted as part of PL On-going DMC this application. No temporary signs are permitted on the 8.84.050 T. site without approval of a Zoning Clearance. Any permanent sign must be in conformance with the Ulferts Center Master Sign Program. 14. A-Frame Signs. The use of any A-Frame, portable, PL On-going DMC sandwich-board, pennants or human held signs on the 8.84.150 premises is strictly prohibited. Said signs and any form of off-site advertising signs shall be prohibited upon any public property, including City streets and sidewalks. 15. Temporary Promotional Banners and Balloons. PL On-going DCM Temporary Promotional Banner Signs and Balloons shall 8.84.050 only be permitted after first securing an approved Temporary Promotional Sign Permit. 16. Outdoor Events. Any outside events shall be subject to PL On-going Standard the Temporary Use Permit requirements contained in the City of Dublin Zoning Ordinance. 17. Food Preparation. No cooking or food preparation is PL On-going CUP permitted to occur within the Signature Room. The customers who rent the Signature Room may choose one of the restaurant tenants at the Ulferts Shopping Center to cater the food to the Signature Room or bring in their own food to the premise. NO. CONDITION TEXT RESP. WHEN SOURCE AGENCY REQ'D Prior to 18. Total Number of Parking Spaces. The Applicant shall PL On-going CUP provide a minimum of 328 parking spaces to accommodate the various uses in the Ulferts Center, which includes the banquet facility. 19. Off-Site Parking. This Conditional Use Permit includes PL Prior to CUP approval of an off-site parking agreement between Issuance of Ulferts Center and the adjacent property (Dublin Building Corporate Center). The Applicant is to provide a total of Permit/On- 30 off-site parking spaces to accommodate the Signature going Room. Off-site parking spaces are to be provided at 4160 Dublin Boulevard. The Applicant shall have an off-site parking agreement with the current property owner at 4160 Dublin Boulevard prior to issuance of any permits and shall maintain such agreement so long as the use shall operate. In the event that the adjacent property at 4160 Dublin Boulevard is sold or the use intensifies while this Conditional Use Permit remains valid, the Ulferts Center will be required to replace any off-site parking that is lost in kind, or reduce the occupancy load accordingly. 20. Parking Signage. The Applicant shall post signs in the PL On-going CUP parking lot at the project site, to the satisfaction of the Community Development Director, directing overflow parking to the lot at 4160 Dublin Boulevard. 21. Occupant Load. The number of people permitted within B On-going CUP the Signature Room shall be limited to a maximum of 132 people. FIRE 22. Deferred Submittals. Provide on the Title or Cover F Prior to CFC 901.2 Sheet under the heading Deferred Submittals all of the Issuance of deferred submittal items, including fire sprinkler Permits modifications and fire monitoring system install or modifications. 23. Fire Sprinklers. Existing fire sprinkler systems shall be F On-going CFC 901.5 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 NFPA 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 by the fire sprinkler system. NO. CONDITION TEXT RESP. WHEN SOURCE AGENCY REQ'D Prior to 24. Central Station Monitored Account. Automatic fire F On-going Standard 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 placarded as defined in N.F.P.A Standard No. 72. Assure the specific account is UL Certificated or Placarded and not just the monitoring station. 25. Interior Finish. Wall and ceiling interior finish material F On-going CFC 803 shall meet the requirements of Chapter 8 of the California Fire Code. Interior finishes will be field verified upon final inspection. If the product is not field marked and the marking visible for inspection, maintain the products cut- sheets and packaging that show proof of the products flammability and flame-spread ratings. Decorative materials shall be fire retardant. 26. Fire Extinguishers. Extinguishers shall be visible and F Prior to CFC, 906 unobstructed. Signage shall be provided to indicate fire Occupancy/ extinguisher locations. The final number and location of On-going extinguishers shall be as indicated by the fire inspector. Fire extinguishers shall meet a minimum classification of 2A IOBC. 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 by a licensed concern annually. 27. Egress. Exit signs shall be visible and illuminated with F On-going CFC, emergency lighting when occupant loads exceeds 100 1006.1 persons. 28. Maximum Occupant Load. Posting of room capacity is F On-going CFC, required for any occupant load of 50 or more persons. 1004.3 Submittal of a seating plan on 8.5" x 11" paper is required prior to final occupancy. 29. General Inspection. Upon inspection of the work for F Prior to CFC which this submittal was provided, a general inspection Occupancy Section of the business and site will be conducted. 301.0 PUBLIC WORKS 30. Accessible Parking Stalls. The Applicant shall upgrade PW Prior to CUP the existing accessible parking stalls striping and signs to Occupancy current Title 24 requirements/standards. POLICE 31. Security Ordinance. The Applicant shall comply with PO On-going CUP all applicable City of Dublin Non Residential Security Ordinance requirements. 32. Graffiti. The Applicant shall keep the site clear of PO On-going CUP graffiti vandalism on a regular and continuous basis at all times. NO. CONDITION TEXT RESP. AGENCY WHEN REQ'D Prior to SOURCE DSRSD 33. Fees. Prior to issuance by the City of any Building Permit DSRSD Prior to DSRSD or Construction Permit by the Dublin San Ramon Issuance of Services District, whichever comes first, all utility Building connection fees including DSRSD and Zone 7, plan Permits checking fees, inspection fees, connection fees, and fees associated with a wastewater discharge permit shall be paid to DSRSD in accordance with the rates and schedules established in the DSRSD Code. PASSED, APPROVED AND ADOPTED this 13`h day of October, 2009 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: Planning Manager Planning Commissioner Chair G:IPA#I20091PA 09-006 Ulferts Signature RoomlPlanning Commission lPCReso-CUP10.13.09.doc