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HomeMy WebLinkAboutPCReso03-08 PA02-007 Dublin Theater Co. CUP RESOLUTION NO. 03-08 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING PA 02-007 DUBLIN THEATRE COMPANY CONDITIONAL USE PERMIT REQUEST TO EXPAND AN EXISTING BUSINESS BY ADDING A NEW DANCE STUDIO, ASPIRE! AT 6614 DUBLIN BLVD WHEREAS, on October 28, 1998, the Zoning Administrator approved a Conditional Use Permit (PA 98-054) to allow the establishment of Dublin Theatre Company, an Indoor Recreational Facility, within a C-2 General Commercial Zoning District, located at 6620 Dublin Boulevard; and WHEREAS, on March 23, 1999, the Planning Commission approved a Conditional Use Permit (PA 98-072) to amend the hours and scale of operation of Dublin Theatre Company; and WHEREAS, the applicant, Rick Robinson, Jr. of Dublin Theatre Company has requested approval of a new Conditional Use Permit to expand their existing operations to include a dance studio, Aspire!, located at 6614 Dublin Boulevard; and WHEREAS, Dublin Theatre Company currently provides acting, singing, dance, and technical theatre courses and performances for children, teenagers and adults; and WHEREAS, Dublin Theatre Company proposes to expand its current offerings with the addition of a new dance studio, Aspire!; and WHEREAS, Aspire! would provide dance classes and a rehearsal space 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 there are no foreseeable traffic impacts; and WHEREAS the Planning Commission held a properly noticed public hearing on said application on March 11, 2003; and WHEREAS, the Staff Report was submitted recommending approval of a Conditional Use Permit for a dance studio at 6614 Dublin Blvd; and WHEREAS, the Planning Commission did hear and consider all said reports, recommendations and testimony hereinabove set forth and used their independent judgment to make a decision; and 1 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 an existing multi-tenant retail/office complex adjacent to Dublin Boulevard near the intersection of Dougherty Road. Bo 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. Co The use will not be injurious to property or improvements in the neighborhood and conditions of approval will ensure ongoing compatibility with adjacent commercial uses. Do 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 as a mixed-use complex and the existing on-site traffic circulation pattern at Dublin Station is adequate to accommodate a dance studio. Fo The use is not contrary to the specific intent clauses, development regulations, or 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 conditions of approval are required to ensure that the expanded operations of Dublin Theatre Company to include a dance studio will be compatible with adjacent uses. The granting of a reduction in the off-street parking requirements for shared parking at the Dublin Station shopping center, by 120 required parking spaces, more appropriately meets the current parking demands for businesses located within the center. H. The proposed conditional use permit is consistent with the Dublin General Plan. BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission does hereby approve PA 02-007 Dublin Theatre Company Conditional Use Permit request to expand their existing operations to include a dance studio, Aspire!, at 6614 Dublin Boulevard, as generally depicted by the attached plans, labeled Exhibit 1, dated received on February 24, 2003, 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 2 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, [DSR] Dublin San Ramon Services District, [CO] Alameda County Department of Environmental Health. GENERAL PROVISIONS Approval. PA 02-007 Dublin Theatre Company Conditional Use Permit request is approved to expand its existing operations to add a dance studio, Aspire! at 6614 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 seven (7) sheets, prepared by Velocitel Architecture and Engineering, dated received by the Planning Department on February 24, 2003. [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 Dublin Theatre Company' s, Aspire! dance studio shall be as follows: Classes/Rehearsals: Monday to Friday: Saturday & Sunday: 4:00 p.m. - 10:00 p.m. 10:00 a.m. - 2:00 p.m. No. of Classes: 16 per week No. of Students: 14 per class Dance Studio. The Dance Studio classroom area shall have a maximum occupancy of thirty- eight (38) persons and the waiting area shall have a maximum occupancy of six (6) persons. [PL, F, B] o Noise/Nuisances. The Applicant shall limit interior and exterior noise so as not to create a nuisance to existing and/or surrounding businesses. If a noise issue occurs, the Applicant shall further 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] 0 Maintenance. The Applicant shall be responsible for maintaining the premises in safe, clean and litter-free condition at all times. The Applicant shall be responsible for cleaning up and disposing of Dublin Theatre Company and Aspire! generated trash and litter on-site and off-site within the neighborhood. [PL] POLICE SECURITY City of Dublin Non-Residential Security Requirements. The Applicant shall comply with all applicable City of Dublin Non-Residential Security Ordinance Requirements. Existing security hardware shall be upgraded to new standards. This shall include a peephole on the rear doors and address numbers. [PO, B, FI 10. Graffiti. The Applicant/Property Owner shall keep the exterior of the building free of graffiti vandalism on a regular and continuous basis at all times. [PO, PL] 11. Business Site Emergency Response Card. The Applicant shall complete a Business Site Emergency Response Card and deliver it to the police prior to occupancy. [PO] FIRE PROTECTION 12. Regulations and requirements. The Applicant shall comply with all Alameda County Fire Department regulations and requirements at all times. [CO, F] 14. Fire Extinguisher. The Applicant shall provide at least one 2A 10BC portable fire extinguisher for each 3000 square feet of floor area. Travel distance to an extinguisher shall not exceed 75 feet and shall not be between floors (CFC 2001, Section 1002.1) [F] 15. Exiting. The Applicant shall illuminate all exits and provide exit signs (CFC 2001, Section 1212.4 & 1212.2). Additional directional exit signs may be required to clearly indicate the direction of egress and shall be field verified (CFC 2001, Section 1212.2). [F] 16. Addressing. The Applicant shall place approved numbers or addresses on all existing buildings. The address shall be positioned as to be plainly visible and legible from the street or road fronting the property. Said numbers shall contrast with their background (CFC 2001, Section 901.4.4). [F] 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. Occupant Load. The Applicant shall submit a proposed occupant load, including calculations (CFC 2001, Section 1204.1). IF] 17. Signage. The Applicant shall post signage for the Fire Sprinkler Riser, Fire Alarm Room/Panel, Electric Room/Panel, Roof Access and any location that may require access during an emergency. [F] 18. Knox Key Lock. The Applicant is required to obtain a Knox key lock system from the Alameda County Fire Department. Applications are available at the Alameda County Fire Department, Fire Prevention Division, 100 Civic Plaza, Dublin, CA 94568 (CFC 2001, Section 902.4 as amended). [FI BUILDING 17. Regulations and requirements. The Applicant 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. [B] PUBLIC WORKS 18. Signage. The Applicant shall upgrade the existing disabled-access parking stalls that directly serve their tenant spaces in accordance with the current California Building Code standards. Signs depicting the international symbol of accessibility must be installed on the brick wall of the building facade to properly identify the two existing disabled-access stalls along the row of 4 parking that fronts the building. These signs shall conform to the following standards: 1) each sign shall have a reflectorized surface depicting the international symbol of accessibility (white symbol and text with blue background; 2) the area of each sign shall not be smaller than 70 square inches; and, 3) each sign shall be wall mounted at the center of each stall at an elevation of 36 inches minimum above the adjacent walk surface. [PW] MISCELLANEOUS 18. Use Permits PA 98-054 & PA 98-072. The Dublin Theatre Company shall comply with all conditions of use permit PA 98-054 and PA 98-072, except those specifically amended in use permit PA 02-007. [PL] 19. Signs. Any signage installed or placed on-site shall be subject to the City's Sign Ordinance. [PL] 20. Annual review. On at least an annual basis, this Conditional Use Permit shall be subject to Zoning Investigator Review for compliance with the conditions of approval. [PL] 21. Revocation of permit. The permit shall be revocable for cause in accordance with Section 8.96.020.1 of the Dublin Zoning Ordinance PASSED, APPROVED AND ADOPTED this 11th day of March, 2003. AYES: Cm. Fasulkey, Jennings, Nassar, King and Machtmes NOES: ABSENT: ATTEST: Plann~ ng~orn~iss~on Ch~~