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HomeMy WebLinkAbout8.1 Attch 1 Reso CUPRESOLUTION NO. 10- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING A REQUEST FOR A CONDITIONAL USE PERMIT TO OPERATE A DANCE FLOOR LOCATED AT 4100 GRAFTON STREET (INSIDE THE GRAFTON STATION SHOPPING CENTER) IN THE PLANNED DEVELOPMENT (PA 05-030) ZONING DISTRICT PA 09-037 WHEREAS, Sutra SF, the Applicant, has requested approval of a Conditional Use Permit to operate a Dance Floor, in the Planned Development (PA05-030) Zoning District at 4100 Grafton Street in the Grafton Station shopping center; and WHEREAS, the proposal includes a 625 square foot dance floor inside the Fusion Restaurant and Lounge tenant space; 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 November 23, 2009; 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, Staff recommends that the Project be found 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 Zoning Administrator is the reviewing body for a Conditional Use Permit request to operate a Dance Floor in the Planned Development (PA 05-030) Zoning District; and WHEREAS, pursuant to Section 8.96.020.C.2 of the Dublin Zoning Ordinance, the Zoning Administrator has transferred hearing jurisdiction to the Planning Commission due to the unique nature of this request; and WHEREAS, a Staff Report was submitted outlining the request recommending approval of the Conditional Use Permit; and WHEREAS the Planning Commission held a properly noticed public hearing on said application on January 12, 2010; 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 Attachment 1 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: 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 dance floor is in the Grafton Station shopping center which is intended to provide for a variety of uses; 2) the Planned Development Zoning District allows for the operation of a dance floor with approval of a Conditional Use Permit; and 3} the dance floor will be located inside a tenant space within in an existing building and is compatible with the 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 fo the public health, safety and welfare, and will not be injurious to property or improvements in the neighborhood because: 1) the proposed use has been conditioned to ensure that the operation has no recognizable negative impacts to the surrounding area; and 2) the proposed dance floor will comply with all of the City of Dublin regulations. C. The proposed use will not be injurious to property or improvements in the neighborhood because: 1) the proposed dance floor will comply with all City of Dublin regulations; and 2) Conditions of Approval have been included to ensure that the use is compatible with the surrounding neighborhood. 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 onsite parking is more than adequate to serve the proposed use; 2) the dance floor will be located in a retail shopping center which was designed to support a variety of uses; 3) the proposed use is allowed pursuant to an approved Conditional Use Permit; and 4) the proposed hours of operation are compatible with the surrounding businesses and the peak period for the dance floor will occur in the evening when most of the retail stores will be closed. F. The proposed use will not be contrary to the specific intent clauses, development regulations, and performance standards established for Planned Development PA 05-030 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 Planned Development (PA 05-030) 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) the development standards contained in the Planned Development and Section 8.76.080.D of the Dublin Zoning Ordinance outline the parking requirements for use types and includes 2 of 7 requirements for similar types of uses. The total number of required parking stalls for the proposed Fusion Restaurant and Lounge (including the dance floor} is 64 parking spaces; 4) a total of 1,284 parking spaces will be provided onsite (at the completion of all construction) which is more than adequate to support the proposed use and future uses; and 5) the peak parking demand period for the dance floor will occur in the evenings when most of the retail uses will be closed. 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 Planned Development Zoning District in which it is located; 2) as conditioned, -the dance floor will not create impacts on the surrounding neighborhood; and 3) the use will bring a new business to the Grafton Station shopping center to increase economic vitality of the area. BE IT FURTHER RESOLVED THAT the City of Dublin Planning Commission does hereby conditionally approve PA 09-037 Fusion Restaurant and Lounge Conditional Use Permit to operate a dance floor located at 4100 Grafton Street, APN 985-0061-008. The project approval shall be subject to compliance with the following Conditions of Approval for said 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 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, [B] Building, [PO] 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. RESP NO. CONDITION TEXT . AGENCY REQ'D SOURCE prior to GEN ERAL CONDITIONS ~, Approval. This Conditional Use Permit approval for PL On-going Standard PA 09-037 is to allow the operation of a 625 square foot dance floor at 4100 Grafton Street (Fusion Lounge). This approval shall generally conform to the project plans and statement received by the Plannin Division on November 23, 2009. 2, Permit Expiration. Approval of this Conditional PL Two years DMC Use Permit shall be valid for two years from the from date 8.96.020.D effective date. This approval shall be null and void of approval in the event the approved use fails to be established within two years, or ceases to operate for a continuous one-year period. Commencement of construction or use means the actual construction or use pursuant to the Permit approval or, demonstrating substantial progress toward commencing such construction or use. If there is a dis ute as to whether the Permit has expired, the 3 of 7 NO. CONDITION TEXT RESP. AGENCY WHEN REQ'D SOURCE Prior to City may hold a noticed public hearing to determine the matter. Such a determination may be processed concurrently with revocation proceedings in appropriate circumstances. If a Permit expires, a new application must be made and processed accordin to the re uirements of this Ordinance. 3, Time Extension. The original approving decision- PL Ongoing DMC maker may, upon the Applicant's written request .for 8.96.020.E 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 fora 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 by the particular Permit. 4, Permit Validity. This Conditional Use Permit PL On-going D C approval shall be valid for the remaining .life of the 8.96.020.E approved use so long as the operators of the subject use comply with the project's Conditions of A royal. 5, Revocation of Permit. This Conditional Use PL On-going DMC Permit approval shall be revocable for cause in 8.96.020.1 accordance with Section 8.96.020.1 of the Dublin Zoning Ordinance.. Any violation of the terms or conditions of this ermit shall be subject to citation. g, Minor Amendments. Modifications or changes to PL On-going CUP 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 of the Zonin Ordinance. 7, Hold Harmless. The Applicant/Developer shall PL On-going Standard defend, 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 roceedin s. g, Compliance. The Applicant/Property Owner shall PL On-going Standard operate this use in compliance with the Conditions of Approval of this Conditional Use Permit and the re ulations established in the Zoning Ordinance. 4 of 7 RESP WHEN NO. CONDITION TEXT . AGENCY REQ'D SOURCE Prior to Any violation of the terms or conditions specified ma be sub'ect to enforcement action. g, Fees. The Applicant shall pay all applicable -fees in PL On-going Standard 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, 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 im rovements. PROJECT SPECIFIC -PLANNING DIVISION 10. Hours. of Operation. The operational hours of the PL On-going CUP dance floor shall be from 9:30 pm to 2:00 am Wednesday through Saturday and on holidays. All live or amplified music shall stop promptly at 2:00 am. 11. Noise/Nuisance. The Applicant shall control all PL On-going CUP business activity so as not to create a public. or private nuisance to the existing and surrounding businesses and residents. No amplified sounds, loudspeakers or music shall be permitted outside the buildin . 12. Clean-up. The operators of the dance floor are PL On-going CUP responsible for picking up all trash associated with the use several times per night (including chewing gum and cigarettes) at the front and rear of the tenant space as well as in the parking lot and street. 13. Security. The operators are responsible for PL On-going .CUP patrolling the shopping center and parking lot throughout the night to ensure that there are no disturbances including loud noises, loitering. or drinking in the shopping center or adjoining right-of- way. 14. Exit Doors. There shall be no blocking or PL On-going CUP obstruction of any of the exit/entrances required for the tenant space. 15. Dance Permit. Prior to the first public dance, the PL On-going CUP operators shall obtain a Dance Permit from the Dublin Police Services Department in accordance with Chapter 5.52 of the Municipal Code. The operators are required to have a valid Dance Permit throughout the life of this use. 16. Queuing. The operators are responsible for PL On-going CUP ensuring that any lines/queues into the tenant space are maintained in an orderly fashion and do not disturb the residential dwellings _in the area or 5 of 7 RESP WHEN ' NO. CONDITION TEXT . AGENCY REQ D SOURCE Prior to obstruct an ADA path of travel. 17, Permit Review. This Conditional Use Permit shall PL On-going CUP be reviewed by the Community Development Director on an annual basis. Prior to the anniversary of the approval of this Conditional Use Permit, the operators shall submit a written letter to the Community Development Director which discusses how they have complied with the conditions contained in this Conditional Use Permit. After reviewing business operations, if the Community Development Director has determined that the findings for this Conditional Use Permit can no longer be made, the Community Development Director may bring the Conditional Use Permit back to the Planning Commission to amend the Conditions of Approval or for .revocation of the Conditional Use Permit if warranted. BUILDING AND SAFETY DIVISION 18. Building Codes and Ordinances. All project B, F Through CBC construction shall conform to all building codes and Constructio ordinances in effect at the time of buildin ermit. n 19. Addressing. Addresses will be required on all doors B Occupancy Standard leading to the exterior of the building. Addresses shall be illuminated and be able to be seen from the street, 5 inches in hei ht minimum. 20. Air Conditioning Units. Air conditioning units and B Occupancy Standard 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 Community Development. FIRE DEPARTMENT 21. Fire Alarm System. The tenant space shall have F Occupancy Standard the required fire alarm system for an assembly occupancy. 6 of 7 PASSED, APPROVED AND ADOPTED this 12th day of January 2010 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Planning Commission Chair ATTEST: Planning Manager G:IPA#120091PA 09-037 Dance Floor at 4100 GraftonlPC Reso 1.12.10.doc 7 of 7