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HomeMy WebLinkAbout02-007 DubTheatreCo 04-22-2003AGENDA STATEMENT PLANNING COMMISSION MEETING DATE: Apri122, 2003 SUBJECT: PUBLIC HEARING: PA 02-007 Dublin Theatre Company, Conditional Use Permit/Site Development Review Report Prepared by: Marnie R. Waffle, Assistant Planner ATTACHMENTS: 1. Project Plans (Site Plan, Rear Yard Storage Area Plan, Elevations, Floor Plan) 2. Planning Commission Resolution 03-08, dated March 11, 2003 3. Planning Commission Agenda Statement, March 11, 2003 (w/out attachments) 4. Resolution Denying PA 02-007 Conditional Use Permit/Site Development Review to construct an outdoor storage area at 6620 Dublin Boulevard. 5. Resolution Approving PA 02-007 Conditional Use Permit/Site Development Review to construct an outdoor storage area at 6620 Dublin Boulevard. 6. Applicant's Written Statement (pertaining to outdoor storage) RECOMMENDATION: 1. Open Public Hearing and receive Staff presentation. 2. Take testimony from the Public. 3. Question Staff and the Public. 4. Close Public Hearing and deliberate. 5. Adopt resolution denying PA 02-007 Conditional Use Permit/Site Development Review to construct an outdoor storage area at 6620 Dublin Boulevard; OR 6. Adopt resolution approving PA 02-007 Conditional Use Permit/Site Development Review to construct an outdoor storage area at 6620 Dublin Boulevard. PROJECT DESCRIPTION: The Applicant, Rick Robinson Jr. of Dublin Theatre Company, is requesting approval of a Conditional Use Permit/Site Development Review to establish an outdoor storage area and construct an outdoor storage area enclosure within a C-2, General Commercial Zoning District (Attachment 1). Dublin Theatre Company is located at 6620 Dublin Boulevard and currently provides acting, singing, dance, and technical theatre courses and performances for children, teenagers and adults within a 2,560 square foot tenant space located at the Dublin Station shopping center. Dublin Theatre Company is proposing to establish an outdoor storage area to the rear of their existing tenant space. The proposed outdoor storage area would be approximately 673 square feet and would be adjacent to Dublin Court. The storage area would be screened from public view on all four sides by a solid, view-obscuring enclosure COPIES TO: ITEM NO. with a decorative treatment on top. The enclosure would be painted to match the existing building. The Applicant proposes to install a minimum 2-foot landscaping strip between the enclosure and the public sidewalk for the planting of landscaping. Existing irrigation would be utilized to maintain the new landscaping. The purpose for the outdoor storage area is to store items related to theatrical performances such as, stage props. According to the Landscaping and Fencing Regulations of the Dublin Zoning Ordinance, outdoor storage areas in commercial zoning districts, visible from the public right-of--way, must be screened from view with a minimum fence height of 10-feet. The Applicant is requesting that the height of the enclosure be 8- feet of solid, view obscuring fencing with an additional 2-foot decorative treatment on top for an overall height of 10-feet. During Staffs review of the proposed outdoor storage area, it was discovered that two public utility easements, SBC/Pacific Bell and Pacific Gas & Electric, exist in the location where the outdoor storage area would be located. According to the terms of the easements, no structure can be built within an area designated as an easement without obtaining permission from the easement holders. The Applicant secured permission, in writing, from both easement holders to construct an outdoor storage area within these easements. BACKGROUND: 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 the C-2, General Commercial Zoning District, located at 6620 Dublin Boulevard. On March 23, 1999, Dublin Theatre Company requested, and was granted, a new Conditional Use Permit (PA 98-072), by the Planning Commission, to extend their hours of operation; increase their number of classes; and, increase the number of allowable seats in the main studio. The Zoning Administrator is usually the decision maker on Use Permit applications for Indoor Recreational Facilities however, the proposed amendment to the hours and scale of operation at Dublin Theatre Company warranted Planning Commission review. At the March 11, 2003 Planning Commission meeting, the Planning Commission approved a new Conditional Use Permit (PA 02-007) to expand the existing Dublin Theatre Company operations to include a dance studio, Aspire! at 6614 Dublin Boulevard. The Applicant also requested at the March l lcn meeting, approval of a Conditional Use Permit/Site Development Review to construct an outdoor storage area and associated enclosure to the rear of their existing business at 6620 Dublin Boulevard. Plarming Staff recommended denial of this request because the required findings could not be made for a Conditional Use Permit or Site Development Review based on issues regarding, design, aesthetics, and life safety. The Planning Commission directed Staff to continue working with the Applicant to address these issues through conditions of approval. ANALYSIS: Conditional Use Permit Dublin Theatre Company is requesting to establish an outdoor storage area to store items related to theatrical performances such as, stage props. Outdoor storage is classified in the Dublin Zoning Ordinance as an Equipment and Materials Storage Yard, which is defined as, a yard enclosed by a solid view-obscuring fence or wall and used for the storage of materials and equipment used for construction or 2 other uses determined to be substantially similar by the Director of Community Development. An Equipment and Materials Storage Yard is permitted in the C-2, General Commercial Zoning District with the approval of Conditional Use Permit. The purpose of a Conditional Use Permit is to conditionally approve or deny land uses, including related structures that are not clearly permitted or prohibited because of their unique nature. Such uses and structures can be approved only if their effect on the surrounding environment can be made acceptable through the application of conditions of approval. Land Uses that require a Conditional Use Permit are outlined in the Dublin Zoning Ordinance (Chapter 8.12, Zoning Districts and Permitted Uses of Land). In order to approve a Conditional use Permit, all of the following findings must be made: A. The proposed use and related structures is compatible with other land uses, transportation and service facilities in the vicinity. B. It 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. C. It will not be injurious to property or improvements in the 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. E. The subject site is physically suitable for the type, density and intensity of the use and related structures being proposed. F. It will not be contrary to the specific intent clauses, development regulations, or performance standards established for the zoning district in which it is located. G. It is consistent with the Dublin General Plan and with any applicable Specific Plans. Site Development Review According to the Dublin Zoning Ordinance, any modification to site layout or improvements, in the C-2, General Commercial Zoning District, including but not limited to, fencing, landscaping, and accessory structures, requires Site Development Review. Dublin Theatre Company's request to construct an outdoor storage area enclosure is subject to Site Development Review because it is located in the C-2 zoning district and is a modification to the site layout. The decision maker for Site Development Review applications is typically the Director of Community Development except when Site Development Review is required for a project that is also subject to a Conditional Use Permit. In such cases, it shall be approved, conditionally approved, or denied by the same decision maker or body for those actions. The purpose of Site Development Review is to, promote attractive site and structural development compatible with an individual site and surrounding properties; resolve project-related issues including location, architectural and landscape design; stabilize property values; and, promote the general welfare. In order to approve a Site Development Review application all of the following findings must be made: A. Approval of this application is consistent with the purpose and intent of this Chapter. B. Any approval complies with the policies of the General Plan, with any applicable Specific Plans, with the development regulations or performance standards established for the zoning district in which it is located, and with all other requirements of the Zoning Ordinance. 3 C. The approval 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 general welfare. D. The approved site development, including site layout, structures, vehicular access, circulation and parking, setbacks, height, walls, public safety and similar elements, has been designed to provide a desirable environment for the development. E. The subject site is physically suitable for the type and intensity of the approved development. F. Impacts to views are addressed. G. Impacts to existing slopes and topographic features are addressed. H. Architectural considerations, including the character, scale and quality of the design, the architectural relationship with the site and other buildings, building materials and colors, screening of exterior appurtenances, exterior lighting, and similar elements have been incorporated into the project and as conditions of approval in order to insure compatibility of this development with the development's design concept or theme and the character of adjacent buildings, neighborhoods, and uses. I. Landscape considerations, including the location, type, size, color, texture and coverage of plant materials, provisions and similar elements have been considered to ensure visual relief and an attractive environment for the public. J. The approval of the Site Development Review is consistent with the Dublin General Plan and with any applicable Specific Plans. Design and Aesthetics The original Site Development Review approval for the Dublin Station shopping center required that landscaping and irrigation plans be submitted and approved by the Alameda County Planning Department. These plans included landscaping the rear of the commercial center, where the outdoor storage area and associated enclosure are being proposed, with minimum 15-gallon trees to be planted consistently along Dublin Court. The approved landscaping design was intended to provide a visual buffer between the rear of the commercial building and the adjacent public right-of--way. The proposed outdoor storage area and associated enclosure removes that visual buffer and impacts the aesthetics and consistency of landscaping along Dublin Court. Staff met with the Applicant to discuss the design of the proposed outdoor storage area and associated enclosure. The Applicant agreed to incorporate a decorative treatment on top of the enclosure to provide an attractive design element to the structure. This alteration to the design of the enclosure reduces the height of the solid, view obscuring portion of the enclosure from 10-feet to 8-feet, but keeps the overall height of the enclosure at 10-feet. While this meets the standards outlined in the Zoning Ordinance, Staff feels that a 10-foot enclosure is out of scale with the existing building and creates an aesthetically unpleasing environment along Dublin Court. Staff is also concerned about the visual impacts the proposed outdoor storage area and associated enclosure would create along Dublin Court. Dublin Court experiences a fair amount of vehicular and pedestrian activity related to the Dublin Station shopping center, two Dublin Toyota auto dealerships and Office Depot. The proposed outdoor storage area would be located directly adjacent to the public sidewalk and on-street parking, which is utilized daily for customer and employee parking associated with Dublin Toyota. The outdoor storage area and associated enclosure would impact the streetscape along Dublin Court and would not be consistent with the rest of the shopping center. 4 In order to reduce the visual impacts of the enclosure along Dublin Court, the Applicant agreed to provide a 2-foot landscaped setback between the back of sidewalk and the enclosure. Staff consulted with the City's Landscape Architect on the types of plant material that could achieve the effect proposed in the application (Attachment 1, Sheet A3). According to the Landscape Architect, a 2-foot landscape strip is not adequate for low shrubs. A minimum 5-foot setback for landscaping would be necessary for the type of landscaping proposed. Rather than reduce the square footage of the enclosure by accommodating a 5- foot landscaped setback, the Applicant agreed to plant a ground cover in place of the shrubs. Vines are proposed to partially cover the exterior of the enclosure for visual relief and to prevent graffiti and vandalism of the structure. While the Applicant has gone to great lengths to make the outdoor storage area and associated enclosure acceptable visually, it is Staffs opinion that these measures would not adequately address the impacts to aesthetics along Dublin Court. During discussions between Staff and the Applicant, the Applicant indicated a need to remove an existing Pear tree in order to accommodate the outdoor storage area enclosure and has agreed to replace that tree as well as provide two additional Pear trees. All trees would be planted inside of the enclosure in order to maintain the requested square footage (673 square feet) for storage. Staff feels that the planting of the two additional Pear trees is an added benefit however, the proposal to locate them inside of the enclosure does not provide aesthetic enhancement along Dublin Court because the enclosure would be more prominent than the trees. Should the Planning Commission decided to approve the outdoor storage area, Staff recommends that the Planning Commission require the trees be planted outside of the enclosure to provide additional screening and a more attractive environment along Dublin Court. Compatibility With Adjacent Uses The Dublin Station shopping center is located within the C-2, General Commercial Zoning District. The standards set forth in the Zoning Ordinance for the C-2 zoning district requires that all use types be conducted entirely within the building. Outdoor storage is permitted only through application for a Conditional Use Permit because it is a use type that is unique in nature and not customarily associated with C-2 land uses. Currently, none of the tenants within the Dublin Station shopping center have approvals for outdoor storage. Additionally, all tenants are required, under the City's Property Maintenance Ordinance, to maintain this area free of litter, junk, and debris. Staff feels that the proposed outdoor storage area is not compatible with the design of the shopping center and is concerned that approval of this project may set a precedent for future requests, by tenants of the Dublin Station shopping center, for outdoor storage areas. Life Safety Issues Staff has concerns regarding the establishment of an outdoor storage area and an associated enclosure and the impacts it would have on life safety and security. In the March 11, 2003 Agenda Statement, Staff outlined these impacts to life safety and security (Attachment 3). Following the Planning Commission Meeting of March 11, 2003, Staff, Police Services, and the Applicant met to discuss whether life safety issues could be mitigated by modifying the design of the proposed outdoor storage area or through application of conditions of approval. The Applicant agreed to measures to reduce the impacts to life safety however, it is Staffs opinion that these measures do not provide enough mitigation to make the project acceptable or to satisfy the findings required in order for Staff to recommend approval of the project. Staffs life safety concerns and the proposed measures to address those concerns are as follows: 5 Staff Concern #1: The construction of an outdoor storage area enclosure creates a visual barrier to surveillance of the rear door entrances/exits to the building. It also creates an alleyway and a hiding place for unwanted activity. Proposed Measure: This life safety issue could not be mitigated. Staff Concern #2: Allowing the construction of one outdoor storage area enclosure could result in adjacent businesses proposing outdoor storage areas to the rear of their businesses. This would amplify the problem of surveillance, creating an elongated alleyway and additional hiding places for undesirable activity. Proposed Measure: This life safety issue could not be mitigated. The Planning Commission, at some time in the future, is likely to approve other outdoor storage requests based on equity issues. Staff Concern #3: The storage area is in close proximity to the roadway (Dublin Court) making it very accessible and vulnerable to unwanted activity. Proposed Measure: Installation and maintenance of motion sensor lighting adjacent to the proposed outdoor storage area location. Staff Concern #9: There is nothing to prevent an individual from scaling the fence and entering the storage area. The shorter the fence height, the easier it is to scale. Proposed Measure: Increase the height of the proposed enclosure to the Zoning Ordinance minimum requirement of 10 feet (previously the enclosure height was proposed at 8 feet). Install wrought iron posts as the 2 foot decorative treatment on top of the enclosure making it more difficult to scale. While this addresses the life safety issue, it also produces an enclosure that is out of scale with the existing building and becomes a design and aesthetic issue. Staff Concern #5: The area cannot be effectively protected. The design of the storage area and its location make it vulnerable to thefts, vandalism and trespassing. Proposed Measure: Motion sensor lighting combined with the installation of security hardware on the gate of the enclosure. Staff Concern #6: The proposed wood fencing material is easy to cut or break and deteriorates quicker than other materials such as wrought iron, concrete or cinderblock. Proposed Measure: Installation of a vinyl fencing enclosure rather than wood. Vinyl is sturdier, more durable than wood, and is less costly than masonry. Parking At the March 11, 2003 Planning Commission meeting, the Planning Commission granted a reduction in off-street parking for the Dublin Station shopping center by 120 parking spaces (Attachment 2). This reduction enabled Dublin Theatre Company to expand its existing operations to include a dance studio, 6 Aspire!. As a result, the Dublin Station shopping center, which was under-parked by 28 spaces, now has an excess of 77 parking spaces. The proposed outdoor storage area requires 1 parking space for every 300 square feet of enclosed area. The proposed outdoor storage area is 673 square feet and would require that an additional 2 parking spaces be provided. Due to the reduction in off-street parking that was granted by the Planning Commission on March 11, 2003, adequate parking exists on-site to meet the parking requirements of an outdoor storage area. RECOMMENDATION Staff recommends denial of the request for a conditional use permit/site development review to establish an outdoor storage area and construct an outdoor storage enclosure because the findings for the project cannot be made and the project cannot be made wholly acceptable through conditions of approval as discussed in this Staff Report and the attached Resolution denying the request for Conditional Use Permit/Site Development Review (Attachment 4). Should the Planning Commission feel that the findings for the project can be made and that conditions of approval can be applied to make the project acceptable, an alternative Resolution approving the request for Conditional Use Permit/Site Development Review is attached (Attachment 5). ENVIRONMENTAL REVIEW: This 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. CONCLUSION: Staff recommends that the Planning Commission adopt Attachment 4 denying a Conditional Use Permit/Site Development Review for an Equipment and Materials Storage Yard behind the existing retail/office building at 6620 Dublin Blvd. If the Planning Commission believes that the findings for a Conditional Use Permit and the findings for Site Development Review can be made, a Resolution approving the request for a Conditional Use Permit/Site Development Review has been included (Attachment 5). 7 GENERAL INFORMATION: APPLICANT: Rick Robinson, Jr. Producing Artistic Director Dublin Theatre Company 6620 Dublin Blvd Dublin, CA 94568 PROPERTY OWNER: Larry Plisskin Deer Ridge Management 275 Rose Avenue, #216 Pleasanton, CA 94566 LOCATION: 6620 & 6614 Dublin Blvd, Dublin Station ASSESSORS PARCEL NUMBER: 941-0205-036-00 EXISTING ZONING: C-2 General Commercial Zoning District GENERAL PLAN DESIGNATION: Retail/Office and Automotive 8 = ~[ U li = Y ~ ~ ~r .. ~ ~ W !- W F-- W IY ~ ~ ~ ~ ~ W o 0 o I ~ z ~ II r ~ ~~ U1 ~ ~ U U I ~ _ •~' e~ ^~ . 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N -- fir c W '° a ~- Q o ~, ~ 4 1- X W N O Z ~~ •- O n -- O /~~~~~~~ N W ~ U , ~ I a ¢ / WW ~ ¢ - ~ Q - ~ I I ~o a w ~ zao ^ ,o I ~- DU O 1 1 „ Z v ~ v i I ~I vl ~ a J m °I N I ~° ae ~ I ~ a ~ ~_~ yV I I I W I I 1 z o a Q Np ~~~ a 1 ~ NQ~ i " QO S L Q J RESOLUTION N0.03-08 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 ATTACHMENT 2 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: A. 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. B. 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. C. 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. 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. E. 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. F. 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. G. 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 [PLl Planning_[Bl Building=[PO] Police, [PW] Public Works [ADM] Administration/City Attorney, [FIN] Finance, [Fl Alameda County Fire Department, fDSR] Dublin San Ramon Services District, [CO] Alameda County Department of Environmental Health. GENERAL PROVISIONS 1. 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] 2. 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: 4:00 p.m. - 10:00 p.m. Saturday & Sunday: 10:00 a.m. - 2:00 p.m. No. of Classes: 16 per week No. of Students: 14 per class 4. 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] 5. 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] 7. Activities. All activities associated with the use shall be conducted entirely within the enclosed building. [PL] 8. 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 9. 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, F] 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 lOBC 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). [F] 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). [F] 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.I of the Dublin Zoning Ordinance PASSED, APPROVED AND ADOPTED this 11`x' day of March, 2003. AYES: Cm. Fasulkey, Jennings, Nassar, King and Machtmes NOES: ABSENT: Planning Commission Chairperson ATTEST: Planning Manager 5 AGENDA STATEMENT PLANNING COMMISSION MEETING DATE: MARCH 11, 2003 SUBJECT: PUBLIC HEARING: PA 02-007 Dublin Theatre Company, Conditional Use Permit and Conditional Use Permit/Site Development Review Report Prepared by.• Nfarnie R. Waffle, Assistant Planner ATTACHMENTS: 1. Project Plans (Site Plan, Rear Yard Storage Area Plan, Elevations, Floor Plan) 2. Resolution Approving Conditional Use Permit PA 02-007 to expand the existing Dublin Theatre Company to include a dance studio at 6614 Dublin Boulevard. 3. Resolution Denying Conditional Use Permit/Site Development Review PA 02-007 to construct an outdoor storage area at 6620 Dublin Boulevard. 4. Resolution 99-12 Approving PA 98-072 Conditional Use Permit 5. Applicant's Written Statement 6. Dublin Station Parking Study 7. City Traffic Engineer Report RECOMMENDATION: 1. Open Public Hearing and receive Staff presentation. 2. Take testimony from the Public. 3. Question Staff and the Public. 4. Close Public Hearing and deliberate. 5. Adopt resolutions approving PA 02-007 Conditional Use Permit to expand the existing Dublin Theatre Company to include a dance studio and denying PA 02-007 Conditional Use Permit/Site Development Reviev~T to construct an outdoor storage area. PROJECT DESCRIPTION: The applicant, Rick Robinson Jr. of Dublin Theatre Company, is requesting approval of, 1) a Conditional Use Permit to expand an existing business, Dublin Theatre Company, to include a dance studio, and 2) a Conditional Use Permit/Site Development Review to construct an outdoor storage area to the rear of the business (Attachment 1). Dublin Theatre Company is located at 6620 Dublin Blvd and currently provides acting, singing, dance, and technical theatre courses and performances for children, teenagers and adults within a 2,560 square foot tenant space located at the Dublin Station shopping center. The proposed dance studio, Aspire!, would be located at 6614 Dublin Blvd and would provide dance classes and a rehearsal space for children, teenagers, and adults within a 1,075 square foot tenant space. COPIES TO: ATTACHMENT ITEM NO. ~. Dublin Theatre Company is also proposing the construction of an outdoor storage area to the rear of their existing tenant space at 6620 Dublin Blvd. The proposed outdoor storage area would be approximately 673 square feet and would be adjacent to Dublin Court. The purpose for the outdoor storage area is to store items related to theatrical performances such as stage props. BACKGROUND: 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 the C-2, General Commercial Zoning District, located at 6620 Dublin Blvd. On March 23, 1999, the Planning Commission approved a new Conditional Use Permit (PA 98-072) to extend Dublin Theatre Company's hours of operation; increase their number of classes; and, increase the number of allowable seats in the main studio. The Zoning Administrator is usually the decision maker on use permit applications for Indoor Recreational Facilities however, the proposed amendment to the hours and scale of operation at Dublin Theatre Company warranted Planning Commission review. ANALYSIS: Conditional Use Permit The purpose of a Conditional Use Permit is to determine whether a proposed use is appropriate for a site and if conditions of approval are required. Issues that are commonly addressed include, access to the site, land use compatibility, and site design. All Conditional Use Permit findings must be made before a Conditional Use Permit may be granted. Dublin Theatre Company is requesting to amend their existing Conditional Use Permit, PA 98-072, approved by the Planning Commission, to expand their business to include a dance studio and to construct an outdoor storage area. According to the Dublin Zoning Ordinance, the process for amending a Conditional Use Permit shall be the same as the process for approving a Conditional Use Permit except that the decision-maker for such Conditional Use Permit shall be the same decision-maker that ultimately approved the Conditional Use Permit. A dance studio is classified as an Indoor Recreational. Facility which is defined as, an establishment providing amusement, entertainment or physical fitness services, typically occurring indoors, for a fee or admission charge, including theatres and dance studios/schools. Indoor Recreational Facilities are permitted in the C-2, General Commercial Zoning District with the approval of a Conditional Use Permit. Outdoor storage is classified as an Equipment and Materials Storage Yard, which is defined as, a yard enclosed by a solid view-obscuring fence or wall and used for the storage of materials and equipment used for construction or other uses determined to be substantially similar by the Director of Community Development. An Equipment and Materials Storage Yard is permitted in the C-2, General Commercial Zoning District with the approval of Conditional Use Permit. 2 Site Development Review The purpose of Site Development Review is to, promote attractive site and structural development compatible with an individual site and surrounding properties; resolve project-related issues including location, architectural and landscape design; stabilize property values; and, promote the general welfare. All Site Development Review findings must be made before an application for Site Development Review may be approved. Dublin Theatre Company is requesting approval for the construction of an outdoor storage area to the rear of their existing business. According to the Dublin Zoning Ordinance, any modification to site layout or improvements, in the C-2, General Commercial Zoning District, including but not limited to, fencing, landscaping, and accessory structures, requires Site Development Review. The decision maker for Site Development Review shall be the Director of Community Development except when Site Development Review is required for a project that is also subject to a Conditional Use Permit. In such cases, it shall be approved, conditionally approved, or denied by the same decision maker or body for those actions. Description A. Dance Studio Dublin Theatre Company is located within a 2,560 square foot tenant space at 6620 Dublin Blvd. The Applicant is requesting to amend their existing Conditional Use Permit, PA 98-072, to include a dance studio. No other changes are proposed to the operation of Dublin Theatre Company and all Conditions of Approval for PA 98-072 will remain in effect (Attachment 4) The dance studio is proposed to be located within a 1,075 square foot tenant space at 6614 Dublin Blvd. An insurance office previously occupied this space. Minor alterations to the tenant space will be necessary in order to accommodate the dance studio and comply with all Building and Fire Code requirements. Dublin Theatre Company and the proposed dance studio, Aspire!, would be separated by an existing business, Sign Pro, located at 6616 Dublin Blvd. There will not be direct access between Dublin Theatre Company and the dance studio from the interior of the building. Access between the two tenant spaces would occur through the front entrances and rear exits. According to the written statement submitted by the Applicant (Attachment 5), the dance studio will hold dance classes and provide a rehearsal space for children, teenagers, and adults. The hours of operation would be Monday through Friday, 4:OOpm-10:00pm, and Saturday and Sunday, 10:00am-2:OOpm. There will be one employee and approximately 6-14 students in a class at any given time. B. Outdoor Storage The outdoor storage area is proposed behind the existing Dublin Theatre Company at 6620 Dublin Blvd. The storage area is approximately 673 square feet and would be screened from public view on all sides by a solid wood fence with decorative lattice on top. The Applicant proposes to install a two-foot landscaping strip between the fence and the public sidewalk far the planting of shrubs and vines. Existing irrigation would be utilized to maintain the new landscaping. The purpose for the outdoor storage area is to store items related to theatrical performances such as stage props. 3 According to the Landscaping and Fencing Regulations of the Dublin Zoning Ordinance, outdoor storage areas in commercial zoning districts, visible from the public right-of--way, must be screened from view with a minimum fence height of 10 feet. In keeping with the existing scale of the single- story building, the Applicant is proposing a shorter fence between 6 feet and 8 feet in height. During Staff s review of the proposed outdoor storage area, it was discovered that two public utility easements, SBC/Pacific Bell and Pacific Gas & Electric, exist in the location where the outdoor storage area would be located. According to the terms of the easements, no structure can be built within the area designated as an easement without obtaining permission from the easement holders. The Applicant secured permission, in writing, from both easement holders to construct an outdoor storage area within these easements. Compatibility With Adiacent Uses A. Dance Studio The proposed dance studio would operate the majority of its classes and rehearsals during non-peak retail/office hours (Monday-Friday, 4:OOpm-10:00pm, and Saturday-Sunday, 10:00am-2:OOpm), minimizing the potential for conflicts with other uses located within the Dublin Station shopping center. Dublin Station consists of a wide range of commercial uses including retail stores, a restaurant, a veterinary clinic, an optometrist and a church. To date, the City has not received any complaints by surrounding businesses regarding Dublin Theatre Company. B. Outdoor Storage The original Site Development Review approval for the Dublin Station shopping center required that landscaping and irrigation plans be submitted and approved by the Alameda County Planning Department. These plans included landscaping the rear of the commercial center with minimum 15-gallon trees to be planted consistently along Dublin Court. The approved landscaping design was intended to provide a buffer between the rear of the commercial building and the adjacent public right-of--way. Staff has concerns regarding approving an outdoor storage area adjacent to Dublin Court. The C-2, General Commercial Zoning District requires that all use types be conducted entirely within the building therefore, businesses are not allowed to store items outside the building without obtaining a Conditional Use Permit. Currently, none of the tenants utilize the rear of the building, adjacent to Dublin Court, for outdoor storage and all tenants are required, under the City's Property Maintenance Ordinance, to maintain this area free of litter, junk, and debris. Staff has concerns about modifying the original intent of the approval, which was to create a landscape buffer between the rear of the Dublin Station shopping center and Dublin Court. Traffic and Circulation A. Dance Studio Dublin Station is an existing multi-tenant retail/office complex located off of Dublin Blvd, near the intersection of Dublin Blvd and Dougherty Road. Dougherty Road provides direct access to the I- 580 freeway. Access to the site is from two separate driveways; the primary entrance is off of Dublin Blvd and a second driveway is located to the rear of the building off of Dublin Court. 4 The Public Works Department has determined that the proposed dance studio would not generate additional vehicular trips to local roadways. Therefore, no mitigation for traffic impacts is necessary. It is Staff s opinion that the existing on-site traffic circulation pattern at Dublin Station is adequate and would be able to accommodate a dance studio. B. Outdoor Storage The proposed outdoor storage area would not have any impacts on traffic or circulation. Noise/Nuisances A. Dance Studio Staff has concerns regarding the proposed dance studio and potential noise including, amplified music, singing, dancing or other noise nuisances that ma}- impact adjacent businesses. In the attached draft resolution, conditions of approval have been included to address noise by prohibiting loud speakers and,'or amplified music to project, or be placed, outside the building. In addition, the Applicant will be responsible for controlling all on-site activities, including limiting interior and exterior noise, and maintaining the premises in a litter free condition. The Applicant is proposing to soundproof the tenant space through acoustical engineering of the interior walls to further reduce potential noise impacts on adjacent businesses. B. Outdoor Storage Staff has concerns regarding the proposed outdoor storage area and the visual impacts it would create along Dublin Court. Dublin Court experiences a fair amount of vehicular and pedestrian activity related to the Dublin Station shopping center, two Dublin Toyota auto dealerships and Office Depot. The outdoor storage enclosure would visually impact the streetscape along Dublin Court and would not be consistent with the rest of the shopping center. Life Saferi~ Issues A. Dance Studio under the I~niform Building and Fire Codes, the maximum occupant load in the proposed dance studio based on square footage is, 38 persons in the classroom area and 6 persons in the waiting room. The applicant will be required to post maximum occupancy signs in the classroom and waiting room areas. B. Outdoor Storage Staff has concerns regarding the outdoor storage area enclosure and the impacts on safety and security. The Landscaping and Fencing Requirements of the Dublin Zoning Ordinance, as it relates to the screening of outdoor storage areas in commercial zoning districts, requires a minimum 10- foot solid fence to screen outdoor storage. Combined with the design and layout of the Dublin Station shopping center, in the rear, the following issues arise: 1. The proposed fencing creates a visual barrier to the rear entry doors of the building and creates hiding places for potential criminal activity. 2. The close proximity of the storage area to Dublin Court makes it more accessible and vulnerable to unwanted activity. 3. The proposed wood fencing material is easy to cut or break and deteriorates quicker than other materials such as wrought iron, concrete or cinderblock. 5 4. The existing tree behind 6620 Dublin Blvd may facilitate the scaling of the fence and trespass into the storage area. ~. The outdoor storage area is vulnerable to theft, vandalism and trespassing. Parkin A. Dance Studio The dance studio proposes to have one employee on-site during classes. The maximum number of classes offered at this facility is sixteen (16) per week, with a maximum enrollment of 224 students. Each class can accommodate between 6 and 14 students. Currently, there are 10 active classes with an average enrollment of 6 to 9 students per class. Under the Dublin Zoning Ordinance, a Conditional Use Permit determines the parking requirement for dance studios. The parking requirement for a comparable use, a martial arts studio, was used to determine how many parking spaces should be allocated for the dance studio. A martial arts studio requires 1 parking space for every 50 square feet of the use plus, 1 parking space for every 2~0 square feet of office space. Using this parking requirement, a total of 15 parking spaces would be required to adequately serve the dance studio. The Dublin Station shopping center currently has 133 parking spaces. A shared parking agreement with the adjacent America's Tire Company property adds 88 parking spaces for a total of 221 parking spaces. The number of parking spaces required for all tenants located at Dublin Station exceeds the existing 221 parking spaces by 28 spaces. When adding the 15 required parking spaces for the dance studio, the shopping center is under-parked by a total of 43 spaces. In order to satisfy all Conditional Use Permit findings for the proposed dance studio, it must be determined that adequate parking exists on-site. The Off-Street Parking and Loading Regulations of the Dublin Zoning Ordinance allows the Zoning Administrator to grant a reduction in the off- street parking requirements for shared parking between two or more adjacent use types, provided that a report prepared by a registered traffic engineer can satisfy the conditions listed in the Zoning Ordinance Section 8.76.050 F. A parking study was initiated by the City to determine if adequate parking exists on-site and whether a reduction in the off-street parking requirements could be justified. The parking study revealed that, during an average week, Monday through Friday, the demand for parking was 74 spaces with an average of 147 spaces available. On an average Saturday, the demand far parking was 62 spaces with an average of 159 spaces available (Attachment 6). It is the opinion of the City Traffic Engineer that, there is sufficient parking available within the Dublin Station shopping center to meet peak parking demands for all existing tenants, including the proposed. dance studio (Attachment 7). The Zoning Administrator would like to defer to the Planning Commission the decision-making authority on whether to grant a reduction in the off-street parking requirements for the Dublin Station shopping center because the Planning Commission is the decision maker for the Conditional Use Permit request. Based on the City Traffic Engineer's report, the Zoning Administrator recommends that the Planning Commission grant a reduction in off-street parking by 120 parking spaces for the Dublin Station shopping center. This number reflects the amount of parking that the shopping center would be under-parked by (43 parking spaces) plus half of the 6 average available parking spaces according to the parking study, rounded to the nearest whole (153/2=76.5). If a reduction in off-street parking by 120 parking spaces were granted, the off-street parking requirement would be reduced to 144 parking spaces (264-120=144). The Dublin Station shopping center, with 221 parking spaces total, would have a surplus of 77 parking spaces (221-144=77). B. Outdoor Storage The proposed outdoor storage area requires 1 parking space for every 300 square feet of enclosed area. The proposed outdoor storage area is 673 square feet and would require that an additional 2 parking spaces be provided. If the Planning Commission were to grant a reduction in off=street parking for the proposed dance studio, adequate parking would exist on-site for the additional two parking spaces required for the proposed outdoor storage area. Required Findings A. Dance Studio According to Dublin Zoning Ordinance Section 8.100.060, all Conditional Use Permit findings must be made in order to approve a Conditional Use Permit request. These findings ensure that the proposed use, a dance studio, is compatible with surrounding uses and will not have an adverse affect on people or the environment. Conditions of approval have been applied to the project to ensure that the dance studio remains compatible with surrounding businesses and will not adversely affect the environment. Therefore, Staff recommends approval of the request for a conditional use permit to allow the expansion of Dublin Theatre Company to include a dance studio. B. Outdoor Storage According to Dublin Zoning Ordinance Section 8.100.060 and 8.104.070, all Conditional Use Permit and Site Development Review findings must be made in order to approve a Conditional Use Permit/Site Development Review request. These findings ensure that the proposed use and related structure, an outdoor storage area and enclosure, is compatible with surrounding uses, will not have an adverse affect on people or the environment, and is compatible with the design concept and character of the property. Staff recommends denial of the request for a conditional use permit/site development review to construct an outdoor storage area with an enclosure at Dublin Theatre Company because the findings for the project cannot be made and the project cannot be made acceptable through conditions of approval as discussed in this Staff Report and the attached Resolution denying the request for Conditional Use Permit/Site Development Review (Attachment 3). ENVIRONMENTAL REVIEW: This 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 retaiUoffice complex and because there are no foreseeable traffic impacts. 7 CONCLUSION: Staff recommends that the Planning Commission adopt the attached resolution approving a Conditional Use Permit for an Indoor Recreational Facility (dance studio) in an existing retail/office building at 6614 Dublin Blvd, with the attached Conditions of Approval. Staff recommends that the Planning Commission adopt the attached resolution denying a Conditional Use Permit/Site Development Review for an Equipment and Materials Storage Yard behind the existing retail/office building at 6620 Dublin Blvd. GENERAL INFORMATION: APPLICANT: Rick Robinson, Jr. Producing Artistic Director Dublin Theatre Company 6620 Dublin Blvd Dublin. CA 94568 PROPERTY OWNER: Larry Plisskin Deer Ridge Management 27~ Rose Avenue, #21b Pleasanton, CA 94566 LOCATION: 6620 & 6614 Dublin Blvd, Dublin Station ASSESSORS PARCEL NUMBER: 941-0205-036-00 EXISTING ZONING: C-2 General Commercial Zoning District GENERAL PLAN DESIGNATION: Retail/Office and Automotive 9 RESOLUTION NO.03- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN DENYING PA 02-007 DUBLIN THEATRE COMPANY CONDITIONAL USE PERMIT/SITE DEVELOPMENT REVIEW REQUEST TO CONSTRUCT AN OUTDOOR STORAGE AREA AT 6620 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, on March 11, 2003, the Planning Commission approved a Conditional Use Permit (PA 02-007) to expand Dublin Theatre Company's existing operations to include a dance studio, Aspire!, at 6614 Dublin Boulevard; and WHEREAS, the Applicant, Rick Robinson, Jr. of Dublin Theatre Company has requested approval of a Conditional Use Permit/Site Development Review to construct an outdoor storage area to the rear of the existing Dublin Theatre Company located at 6620 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, the outdoor storage area would be used for the storage of materials associated with theatrical performances, such as stage props; 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, this project has been found to be Exempt from the California Environmental Quality Act (CEQA), according to Section 15270(a), which states that CEQA does not apply to projects which a public agency rejects or disapproves; and WHEREAS the Planning Commission held a properly noticed public hearing on said application on Apri122, 2003; and WHEREAS, the Staff Report was submitted recommending denial of a Conditional Use Permit/Site Development Review for an outdoor storage area at 6620 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. ATTACHMENT y NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission does hereby make the following findings and determinations regarding said request for a Conditional Use Permit/Site Development Review to construct an outdoor storage area at 6620 Dublin Boulevard: A. The use and related structure is not compatible with other land uses in the vicinity because outdoor storage is not customarily associated with C-2, General Commercial uses. the existing commercial center was not designed for outdoor storage or associated enclosures. B. The use could adversely affect the safety of persons working in the vicinity and may be detrimental to the public safety because the proposed outdoor storage enclosure would create visual barriers to surveillance of the rear exits of the building and would be accessible and vulnerable to unwanted activity. C. The use can not be made compatible with adjacent commercial uses through conditions of approval because of the requirement that outdoor storage areas must be screened from public view. D. The subject site is not physically suitable for an outdoor storage area or enclosure because the site was not developed to accommodate outdoor storage to the rear of the commercial building. E. The use is contrary to the specific intent clauses, development regulations, and performance standards established for the C-2 General Commercial Zoning District because the use is not being conducted entirely within the building and is not compatible with adjacent commercial uses. F. The use and related structure does not provide a desirable environment for the Dublin Station shopping center because of its close proximity to the public right of way along Dublin Court. G. The use and related structure is not compatible with the Dublin Station shopping center design concept because the center was not designed to accommodate outdoor storage or associated enclosures. BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission does hereby deny PA 02-007 Dublin Theatre Company Conditional Use Permit/Site Development Review request to construct an outdoor storage area at 6620 Dublin Boulevard. PASSED, APPROVED AND ADOPTED this 22°d day of April, 2003. AYES: NOES: ABSENT: ATTEST: Community Development Director Planning Commission Chairperson 2 RESOLUTION NO.03- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING PA 02-007 DUBLIN THEATRE COMPANY CONDITIONAL USE PERMIT/SITE DEVELOPMENT REVIEW REQUEST TO CONSTRUCT AN OUTDOOR STORAGE AREA AT 6620 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, on March 11, 2003, the Planning Commission approved a Conditional Use Permit (PA 02- 007) to expand Dublin Theatre Company's existing operations to include a dance studio, Aspire!, at 6614 Dublin Boulevard; and WHEREAS, the Applicant, Rick Robinson, Jr. of Dublin Theatre Company has requested approval of a Conditional Use Permit/Site Development Review to construct an outdoor storage area to the rear of the existing Dublin Theatre Company located at 6620 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, the outdoor storage area would be used for the storage of materials associated with theatrical performances, such as stage props; 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, this project has been found to be Exempt from the California Environmental Quality Act (CEQA), according to Section 15061(b)(3) because, it can be seen with certainty that there is no possibility that the project may have an impact on the environment and 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 Apri122, 2003; and WHEREAS, the Staff Report was submitted recommending denial of a Conditional Use Permit/Site Development Review for an outdoor storage area at 6620 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 determine that the project could be approved with the inclusion of certain conditions of approval. NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission does hereby make the following findings and determinations regarding said request for a Conditional Use Permit to construct an outdoor storage area at 6620 Dublin Boulevard: ATTACHMENT s A. The proposed use is compatible with other land uses, transportation and service facilities in the vicinity because the proposed use will be located in an area designated for general commercial uses in Dublin. B. 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 of Dublin and Alameda County regulations and conditions will be met. C. The proposed use will not be injurious to property or improvements in the neighborhood, as the construction of the outdoor storage enclosure will meet all applicable codes and safe ingress and egress to the site is being provided. Additionally, conditions of project approval have been incorporated into this resolution which will reduce any project-related impacts which may impact the public health, safety and general welfare to a level of insignificance. 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. E. The subject site is physically suitable for the type, density and intensity of the use and related structures being proposed as the use and outdoor storage enclosure meet the regulations of the Zoning District and the General Plan land use designations for the property. F. The proposed use is not contrary to the specific intent clauses, development regulations, and performance standards established for the C-2 zoning district, which is intended to provide for the continued use, expansion, and new development of general commercial use types along major transportation corridors and intersections. Conditions of approval will ensure ongoing compatibility with adjacent commercial uses. G. The proposed use is consistent with the Dublin General Plan and the Dublin Zoning Ordinance. NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission does hereby make the following findings and determinations regarding said request for Site Development Review to construct an outdoor storage area at 6620 Dublin Boulevard: A. Approval of this application is consistent with the purpose and intent of this Chapter because the proposed Equipment and Materials Storage Yard use is permitted within the C-2, General Commercial Zoning District subject to the approval of a Conditional Use Permit. B. The project is consistent with Retail/Office & Automotive designation of the General Plan and the C-2, General Commercial Zoning District. C. The approval 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 general welfare because conditions of project approval have been incorporated into this resolution which will reduce any project-related impacts which may impact the public health, safety and general welfare to a level of insignificance. D. The approved site development, including site layout, structures, setbacks, height, public safety and similar elements, has been designed to provide a desirable environment for the development. E. The subject site is physically suitable for the type and intensity of the approved development because the area is graded flat and located to the rear of the shopping center. F. Impacts to views are addressed because the project does not interrupt any views from I-580 and I-680. G. Impacts to existing slopes and topographic features are addressed as the site is virtually flat. H. Architectural considerations, including the character, scale and quality of the design, the architectural relationship with the site and other buildings, building materials and colors, screening of exterior appurtenances, exterior lighting, and similar elements have been incorporated into the project and as conditions of approval in order to insure compatibility of this development with the development's design concept or theme and the character of adjacent buildings, neighborhoods, and uses. I. Landscape considerations, including the location, type, size, color, texture and coverage of plant materials, provisions and similar elements will be considered to ensure visual relief and an attractive environment for the public. The Conditions of Approval for this project require the preparation of a Final Landscape Plan subject to approval by the City's Consulting Landscape Architect and the Planning Manager. BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission does hereby approve PA 02-007 Dublin Theatre Company Conditional Use Permit/Site Development Review request to construct an 2 outdoor storage area at 6620 Dublin Boulevard, subject to the following Conditions of Approval. This approval shall be generally depicted on the plans prepared by Velocitel Architecture and Engineering Division, labeled Attachment 1 to the Staff Report, consisting of seven (7) sheets, dated received February 24, 2003, stamped approved, and on file with the Dublin Planning Department, subject to compliance with the following conditions of approval: CONDITIONS OF APPROVAL Unless otherwise stated, all Conditions of Approval shall be complied with prior to the use of the outdoor storage area and shall be subject to Planning Department review and approval. The following codes represent those departments/agencies responsible for monitoring compliance with the Conditions of Approval: [PL] Planning, [B] Building, [PO] Police, [PW] Public Works, [ADM] Administration/City Attorney, [FIN] Finance, [PCS] Parks and Community Services, [F] Alameda County Fire Dept., [DSRSD] Dublin San Ramon Services District, [CO] Alameda County Flood Control and Water Conservation District Zone 7. Conditional Use Permit NO. CONDITION TEXT RESP. WHEN SOURCE AGENCY REQ'D rior to 1. Approval: Equipment and Materials Storage Yard PL This Conditional Use Permit approval for PA 02-007 allows a 673 square foot Equipment and Materials Storage Yard to the rear of the existing Dublin Theatre Company tenant space at 6620 Dublin Boulevard and further identified as a onion of APN 941-0205-036. 2. Approval: Conditional Use Permit (CUP) PL One year from Zoning Approved use shall commence within one (1) year of CUP approval, date of Ordinance or the CUP shall lapse and become null and void. The approval approval period may be extended for six (6) additional months by submitting a written request for extension to the Planning Manager prior to the expiration date. Any extension will be based on a determination that the conditions of approval remain adequate to assure that the stated findings of approval will continue to be met. Commencement of use means the actual use pursuant to the permit approval, or, demonstrating substantial progress toward commencing such use. If there is a dispute as to whether the Permit has expired, the 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 CUP expires, a new application must be made and processed according to the re uirements of the Dublin Zonin Ordinance. 3. Continued Use: Conditional Use Permit PL On-going Zoning This Conditional Use Permit approval shall become null and void in Ordinance the event that Dublin Theatre Company no longer occupies the tenant space at 6620 Dublin Boulevard or the approved use ceases to be utilized for aone-year period. In either circumstance, continued use of the outdoor storage area and associated enclosure shall be requested through application of a new Conditional Use Permit to be reviewed by the Planning Commission. 4. Annual Review: Conditional Use Permit PL On-going Zoning On an annual basis, this Conditional Use Permit approval shall be Ordinance subject to review by the Planning Manager to determine compliance with the Conditions of A royal. 5. Revocation: Conditional Use Permit PL, PO On-going Zoning This permit shall be revocable for cause in accordance with Dublin Ordinance Zoning Ordinance Section 8.96.020.I, Revocation. Any violation of the terms and conditions of this permit may be subject to the issuance of a citation. 3 NO. CONDITION TEXT RESP. WHEN SOURCE AGENCY REQ'D Prior to PROJECT-SPECIFIC CONDITIONS OF APPROVAL 6. Hours of Operation PL On-going PA 98-072 The approved hours of operation are subject to the operation of Dublin Theatre Company under PA 98-072 which are as follows: Monday -Friday, Sam-IOpm; Saturday Sam-6pm, and Sunday Ipm- 8pm. The Applicant shall be responsible for ensuring that any and all activities associated with the outdoor storage area are controlled in a manner that minimizes the im acts on surrounding businesses. 7. Easements: Terms and Conditions PL, PW On-going The Applicant shall abide by the terms and conditions of all easement holders which have given authorization for the construction of an Equipment and Materials Storage Yard within their respective easements. Furthermore, the Applicant shall provide a letter from the Property Owner stating that he/she will be responsible for removing any structure or materials stored or built within the utility easements, if and when, a utility provider needs access to the area. Should a utility provider alter, remove, or damage any portion of the Equipment and Materials Storage Yard or associated landscaping to gain access to their easement, the Applicant and/or Property Owner shall be responsible for wholly restoring the site to the condition approved under this Conditional Use Permit/Site Development Review a proval. Site Development Review This Site Development Review approval for PA 02-007 establishes the architecture, design concepts, site layout and development standards for the project. Development pursuant to this Site Development Review generally shall conform to the approved plans prepared by Velocitel Architecture and Engineering Division, labeled Attachment 1 to the Staff Report, consisting of seven (7) sheets, dated received February 24, 2003, and other related documents available on file in the Department of Community Development. Any departure from the plans approved by the Planning Commission shall be reviewed for conformance to the original plans by the Planning Manager. Substantial changes to the plans shall be subject to additional review and approval by the Planning Commission. NO. CONDITION TEXT RESP. WHEN SOURCE AGENCY REQ'D Prior to GENERAL CONDITIONS OF APPROVAL FOR SITE DEVELOPMENT REVIEW 8. Approval: Site Development Review PL One year from Zoning Approval of the Site Development Review is valid for one (1) year, date of Ordinance until April 22, 2004. If construction has not commenced by that approval time, this approval shall be null and void. The approval period may be extended for six (6) additional months by submitting a written request for extension to the Planning Manager prior to the expiration date. Any extension will be based on a determination that the conditions of approval remain adequate to assure that the stated findin s of approval will continue to be met. 9. Standard Condition of Approval: All Departments PW, B, PL, Prior to final Standard The Applicant shall comply with all applicable Dublin Public Works PO inspection Department, Dublin Building Department, Dublin Planning Department and Dublin Police Services requirements and standard conditions. 4 NO. CONDITION TEXT RESP. WHEN SOURCE AGENCY REQ'D (Prior to) ]0. Standard Condition of Approval: Fees Various Issuance of Standard Applicant shall pay all applicable fees in effect at the time of Building building permit issuance, including, but not limited to, Planning fees Permits and Building fees. 11. Standard Condition of Approval: Building Codes and B, F Through Standard Ordinances/Fire Codes and Ordinances project All project construction shall conform to all building codes and completion ordinances, and fire codes and ordinances in effect at the time of the issuance of the buildin permit. 12. Standard Condition of Approval: Ordinances PL On-going Standard Applicant shall comply with the City of Dublin Municipal Code. 13. Annual Review: Site Development Review PL On-going On an annual basis, this Site Development Review approval shall be subject to review by the Planning Manager to determine compliance with the Conditions of A royal. 14. Standard Condition of Approval: Building Permits B Issuance of Standard To apply for building permits, Applicant shall submit three (3) sets Building of construction plans to the Building Department for plan check. Permits Each set of plans shall have attached an 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 annotated resolutions attached to each set of laps. 15. Litter-Free Site PL On-going Zoning The Applicant/Property Owner shall be responsible for clean up and Ordinance dis osal of project related trash to maintain a clean, litter-free site. PROJ ECT-SPECIFIC CONDITIONS OF APPROVAL 16. Submission of Landscape Plans PL Issuance of The conceptual landscape plans as included in the project plans Building dated received February 24, 2003 shall be modified to remove the Permits proposed shrubs and replace with ground cover. A Final Landscape and Irrigation Plan conforming to the requirements of Section 8.72.030 of the Zoning Ordinance (unless otherwise required by this Resolution) shall be submitted for review and approval by the Planning Manager and the City's Consulting Landscape Architect. The Final Landscape and Irrigation Plan shall be consistent with the site layout as approved through the Site Development Review process. The Final Landscape and irrigation Plan shall be prepared by a licensed Landscape Architect. The plans shall be drawn at 1 inch = 20 feet or larger and shall be submitted along with a cost estimate of the work and materials proposed. ] 7. Replacement and Planting of Pear Trees PL Issuance of The Applicant shall replace any tree removed from the site in order Building to accommodate the approved outdoor storage area. In addition, the Permits Applicant shall plant two additional Pear Trees, outside of the storage area enclosure, consistently placed along the rear of the tenant space at 6620 Dublin Boulevard. The location and spacing of these trees shall be included in the Final Landscape Plans noted above. 18. Maintenance PL On-going The approved outdoor storage area enclosure, and approved landscaping and irrigation shall be maintained on a continual basis to the satisfaction of the Plannin Mana er. NO. CONDITION TEXT RESP. WHEN SOURCE AGENCY REQ'D Prior to) DEBRIS/DUST/CONSTRUCTION ACTIVITY 19. Standard Condition of Approval: Construction Trash/Debris PW, B On-going Standard Measures shall be taken to contain all construction related trash, during debris, and materials on-site until disposal off-site can be arranged. construction The Applicant shall keep the adjoining public streets and properties free and clean of project dirt, mud, and materials during the construction period. The Applicant shall be responsible for corrective measures at no ex ense to the City of Dublin. EMER GENCY SERVICES: Police Services 20. Standard Condition of Approval: Non-Residential Security PO Prior to final PO Ordinance inspection The applicant shall comply with all applicable City of Dublin Non- Residential Security Ordinance re uirements. 21. Standard Condition of Approval: Graffiti PO On-going PO The applicant shall keep the site clear of graffiti vandalism on a regular and continuous basis at all times. Graffiti resistant materials should be used. 22. Standard Condition of Approval: Emergency Response Card PO Prior to PO A "Business Site Emergency Response Card" shall be filed with the Issuance of Police Department prior to starting the project. Current information Building shall be maintained until the completion of the project. Permits 23. Outdoor Storage Area: Motion Sensor Lighting PO Prior to final PO The outdoor storage area enclosure shall be constructed to enhance inspection and security and restrict unwanted entry. This shall include the On-going installation of motion sensor lighting. Motion sensor lighting shall be maintained in an o erable condition at all times. 24. Outdoor Storage Area: Security Hardware PO Prior to final PO The outdoor storage area enclosure shall have security hardware on inspection and the enclosure gate to restrict unwanted entry. Security hardware On-going shall be protected to prevent unauthorized activation from outside of the enclosure. 25. Outdoor Storage Area: Trees PO Prior to final PO Any tree located adjacent to the storage area shall be trimmed and inspection and maintained to revent it from bein used to scale the enclosure. On-goin PASSED, APPROVED AND ADOPTED this 22°d day of April, 2003. AYES: NOES: ABSENT: ATTEST: Community Development Director Planning Commission Chairperson 6 DUBLIN THEATRE COMPANY 6620 DUBLIN BOULEVARD DUBLIN, CA 94668 WRITTEN 5TATEMENT DATED APRIL 5, 2002 FOR CITY OF DUBLIN PLANNING DEPARTMENT REQUEST FOR AMENDMENT OF CONDITIONAL USE PERMIT AT 6620 (& 6614) DUBLIN-BOULEVARD, DUBLIN, CALIFORNIA 94568 A. WHAT TYPE OF BUSINESS. ACTIVITY, OR USE ARE YOU PROPOSING'? DUBLIN THEATRE COMPANY WOULD LIKE TO EXPAND ITS EXISTING OFFERINGS WITH DANCE CLASSES FOR CNILDREN, TEENAGERS; AND ADULTS. WE PROPOSE A STU~/O SPACE FOR CLASSES AND REHEARSALS AT 6614 DUBLIN BOULEVARD. THIS PROGR,9M INlLL BE CALLED ~ISPIRE! DANCE. ADDITIONALLY WE WOULD LIKE TO EXPAND OUR STORAGE SPACE BY ADDING A STORAGE YARD BEHIND OUR EXISTING PROPERTY AT 6620 DUBLIN BOULEVARD. B. HOW MANY EMPLOYEES WILL YOU HAVE OR PROPOSE TO HAVE': 1 EMPLOYEE FOR ASPIRE! DANCE, 0 FOR STORAGE YARD C. WHAT ARE THE PROPOSED HOURS OF OPERATION? PROPOSED HOURS OF OPERATION ARE MONDAY THROUGH FRIDAY 4:OOPM-1 D:OOPM AND SAT{JRDAY .AND SUNDAY 1O:OOAM-2:OOPM. WE ESTIMATE THAT APPROXIMATELY 6 STUDENTS WILL BE IN CLASS AT ANY GIVEN TIME WITH NO MORE THAN 14 STUDENTS AT A GIVEN TIME. STORAGE YARD WILL BE ACCESSED DUR/NG THESE SAME HOURS (JF OPERA 7%ON. D. WILL YOUR BUSINESS. ACTIVITY OR USE TARGET A SPECIFIC SEGMENT OF TI-IE COMMUNITY? ASPIRE! TARGETS CHILDRENS, TEENS, AND ADULTS .FOR CLASSES. AND PERFORMANCES. ANY COMMUNITY MEMBERS TRAVELING ON DUBLIN COURT WILL GAIN AESTHETIC BENEFIT FROM AN ENCLOSED STORAGE YARD. E. IN WHAT WAYS WILL YOUR BUSfNESS ACTIVITY, O.R USE BENEFIT THE COMMUNiTY~ ASPIRE! WILL PROVIDE THE OPPORTUNITY FOR PHYSICAL, MENTAL AND SPIRITUAL ENRICHMENT AND EXPRESSION AS WELL AS CULTURAL GROWTH THROUGH DANCE CLASSES AND PERFORMANCES. THE STORAGE YARD WILL PROVIDE AESTHETIC BENEFITS TO ANY COMMUNITY MEMBERS USING DUBLIN COURT. ATTRC~lMENT ~p F. ARE THERE ANY WAYS IN 1NHICH YOUR BUSINESS ACTIVITY OR U BUSINESSES? NO. ASPIRE! CLASSES ARE OFFERED IN A SELF CONTAINED ATMOSPHERE DURING OFF BUSINESS HOURS OF OTHER TENANTS IN DUBLIN STATION. THE STORAGE YARD WILL NOT DISRUPT THE PEACE OF SURROUNDING RESIDENTS OR BUSINESS. G. WILL YOUR BUSINESS ACTIVITY OR US'E HAVE ANY NEGATIVE EFFECTS „~~ -}-~~ ucni -ru no e~.c~:~-v n~ D~r'1pI,F RF~1f~INC~ (7R WORKING 1N THE VICINITY? NONE. -SEE ANSWER F: H. -~- - -- IMPROVEfViENTS IN THE NEIGHBORHOOD? NO. V1/E FORSEE PLENTY OF PARKING IN DUBLIN STATION AND SEE A POSITIVE ATTRIBUTE TO THE CITY OF DUBLIN. I. !S THE PROPOSED PROJECT LOCATED ON SUBSTANCE SITE? NO. THE STORAGE- YARD WILL ADD AESTHETIC BENEFTIS TO THE PROPERTY. OTHER ASPIREI DANCE CLASS INFORMATION: ~- 7 MOST CHILDREN WHO ATTEND OUR CLASSES ARE ON A PICK UP, DROP OFF BAS/S. .EXCEPT FOR ADULT CLASSES. PARENTS ARE RESPONSIBLE FOR MAKING SURE THAT THEIR CHILD GETS INTO THE DOOR OF THE BUILDING. ~~,,-% RICK ROBI~TSON; JR. PRODUCING DIRECTOR DUBLIN THEATRE COMPANY ~~ S ~ DATE NO. OF STUDENTS PER YEAR orv-~vao --- -- ---- -_. ._~ ....... ..... . •rwiir ~_7 Table of Advertised and Actual Class Statistics for t1..ML'.. T4... r, 4r.. /~~mra'nv ~nrl Aa nirnl rla Rf`G Advertised Actual Number of Classes per I 32 21 week, DTC Number of One-Day 3 2 Workshops (3 Saturda s/ ear} Number of classes per 16 10 week, As ire! Dance Number of classes per 51 33 week, both {54, 3 weeks out of year) i36, 3 weeks out of year) Number of students per 6-16 6-12 class, DTC Number of students per 6-14 6-9 class, As ire! Dance Total Students Enrolled, N/A Approx. 185 DTC Total Students Enrolled, 224 Approx. 50 As ire! Dance Total Students Enrolled, NIA Approx. 235 Both Annual Breakdown of DTC Performances and Eventsl Based on 2002 Calendar Year Number of Weekday N/A 13 Matinees Number of Weekends N!A 19 with. Performances ~ Lectures and Tributes N/A 4 (Weekends} ''Each weekend counted represents four performances: 7:30pm Friday and Saturday, and 2:OOpm Saturday and Sunday. Weekend performances include Aspire! Dance and DTC. - DTC Classes run for 32 weeks out of the year. Classes are quarterly and run for 8 weeks per quarter, beginning in January, April, June, and September. - Aspire! Dance classes are ongoing. - DTC is closed on the following days: New Years Day, Martin Luther King, Jr. Day, Presidents Day, Good Friday, Easter Sunday, the week after Easter, Memorial Day, Independence Day, Labor Day, Rosh Hashanah, Yom Kippur, Veterans Day, the week of the Thanksgiving holiday and the last two weeks of December. (39 days in all).