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HomeMy WebLinkAboutPCReso03-27 PA03-008 Martial Arts Studio CUPRESOLUTION N0.03 - 27 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING ESTABLISHMENT OF A MARTIAL ARTS STUDIO CONDITIONAL USE PERMIT LOCATED AT 7776 DUBLIN BOULEVARD, APN 941-1500-015-19 FOR PA 03-008 WHEREAS, the applicant Mr. Frank Ley has requested a Conditional Use Permit to establish a martial arts studio located at 7776 Dublin Boulevard, APN 941-1500-015-19; and WHEREAS, the Planning Commission held a properly noticed public hearing on said application on May 27, 2003; and WHEREAS, a parking study was conducted which analyzed a reduction in Zoning Ordinance parking requirements; 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 Categorically Exempt from the California Environmental Quality Act (CEQA), according to Section 15301, Class 1; and WHEREAS, the Planning Commission did hear and consider all said reports, recommendations and testimony herein above set forth and used its independent judgment to make a decision; and WHEREAS, the Planning Commission has found that the proposed project is appropriate for the subject site. NOW, THEREFORE, BE IT RESOLVED THAT the Dublin Planning Commission does find that consistent with the standards and intent of the West Dublin BART Specific Plan, the Purposes of the Planned Development District, the requirements of Conditional Use Permits and the requirements of Section 8.76.050(D) and Section 8.76.050(E) of the Zoning Ordinance (adjustments to the number of parking spaces), the proposed martial arts studio is compatible with other land uses, transportation and service facilities in the vicinity; 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; will not be injurious to property or improvements in the neighborhood; will have adequate provisions for public access, water, sanitation, and public utilities and services to ensure that it would not be detrimental to the public health, safety and welfare; and the site is physically suitable for the type, density and intensity of the use and related structures being proposed because, as conditioned, the martial arts studio is consistent with the property's existing shared parking condition, and the following reasons: a. The proposed martial arts studio allows an existing building to convert to uses consistent with the vision and requirements of the West Dublin BART Specific Plan, Goal 10 (page 7). b. The proposed martial arts studio is consistent with the West Dublin BART Specific Plans designation for the area as Commercial B, which is described as smaller-scale uses including entertainment and similar pedestrian-oriented uses. The proposed martial arts studio is consistent with the Dublin General Plan's designation for this area as Retail/Office. d. If approved, the project would be subject to a Building Permit issued by the Building and Safety Division and a Fire Permit issued by the Alameda County Fire Department. BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission does hereby approve PA 03-008 Conditional Use Permit to allow the establishment of a martial arts studio within an approximately 2,500 square foot existing lease space located at 7776 Dublin Boulevard, APN 941-1500-015- 19, as depicted on Exhibits A and B, stamped approved and on file. BE IT ALSO RESOLVED THAT THE Dublin Planning Commission does hereby approve a reduction in the required parking spaces for United Studios of Self Defense from 36 spaces to 28 spaces, and a reduction of required shared parking spaces for the Dublin Shopping Center, APN 941-1500-015-19, from 109 spaces to 96 spaces. The project approval shall be subject to compliance with the following conditions: CONDITIONS OF APPROVAL: Unless stated otherwise all Conditions of Approval shall be complied with prior to the issuance of building permits or establishment of use and shall be subject to Planning Department review and approval. The following codes represent those departments/agencies responsible for monitoring compliance of the Conditions of Approval• fPL ] PlanningLfB1 Building fP01 Police, [PWl Public Works fADMI Administration/City Attorney [FIN] Finance [Fl Alameda County Fire Department, fDSRI Dublin San Ramon Services District [COQ Alameda County Department of Environmental Health. PLANNING 1. Class size shall be limited to 26 students at any one time and employees shall be limited to two employees at any one time. Responsible Agency: PL Required By: Ongoing 2. Exterior colors and materials. Exterior colors and materials for the business shall be consistent with existing colors and materials. Responsible Agency: PL Required By: Prior to building permit 3. New Signage. Any new signage shall be subject to the provisions of the Sign Regulations, Chapter 8.84 of the Zoning Ordinance and the existing Master Sign Program approved for the shopping center. Responsible Agency: PL Required By: Ongoing 4. Tenant space shall be used in the manner represented in application plans, written statements and other documents. Responsible Agency: PL Required By: Ongoing 2 GENERAL CONDITIONS Term. Approval of the Conditional Use Permit shall be valid for one year from approval by the Planning Commission. If construction has not commenced by that time, this approval shall be null and void. The approval period for Conditional Use Permit may be extended six (6) additional months by the Director of Community Development upon determination that the Conditions of Approval remain adequate to assure that the above stated findings of approval will continue to be met. (Applicant/Developer must submit a written request for the extension prior to the expiration date of the Conditional Use Permit.) Responsible Agency: PL Required By: On-going 6. Revocation. The CUP will be revocable for cause in accordance with Section 8.96.020.I of the Dublin Zoning Ordinance. Any violation of the terms or conditions of this approval shall be subject to citation. Responsible Agency: PL Required By: On-going 7. Minor amendments. Modifications or changes to this Conditional Use Permit approval may be considered by the Community Development Director, if the modifications or changes proposed comply with Section 8.100.080, of the Zoning Ordinance. Responsible Agency: PL Required By:: Approval of Plans and On-going 8. Fees. Applicant/Developer shall pay all applicable fees in effect at the time of building permit issuance, including, but not limited to, Planning fees, Building fees, Dublin San Ramon Services District Fees, Public Facilities Fees, Dublin Unified School District School Impact fees, City Fire Impact fees; Alameda County Flood and Water Conservation District (Zone 7) Drainage and Water Connection fees; and any other fees as required by the City according to Ordinance. Un-issued building permits subsequent to new or revised fees shall be subject to recalculation and assessment of the fair share of the new or revised fees. Responsible Agency: Various When Required: Various times, but no later than Issuance of Building Permits 9. Required Permits. Applicant/Developer shall comply with the City of Dublin Zoning Ordinance and obtain all necessary permits required by other agencies (Alameda County Flood Control District Zone 7, California Department of Fish and Game, Army Corps of Engineers, Regional Water Quality Control Board, State Water Quality Control Board, Etc.) and shall submit copies of the permits to the Department of Public Works. Responsible Agency: Various When Required: Various times, but no later than Issuance of Building Permits 10. Building Codes and Ordinances. All project construction shall conform to all building codes and ordinances in effect at the time of building permit. Responsible Agency: Bldg. When Required: Through Completion 11. Building permits. To apply for building permits, the Applicant shall submit five (5) sets of full construction plans for plan check. Each set of plans shall have attached an annotated copy of 3 these Conditions of Approval, including any attached Special Conditions. The notations shall clearly indicate how all Conditions of Approval will be complied with. Construction plans will not be accepted without the annotated conditions attached to each set of plans. The Applicant will be responsible for compliance with all Conditions of Approval specified and obtaining the approvals of all participating non-City agencies prior to the issuance of building or grading permits. Responsible Agency: B, PL, PW Required By: Prior to issuance of building permits 12. Solid Waste/Recycling. Applicant/Developer shall comply with the City's solid waste management and recycling requirements. Responsible Agency: ADM, When Required: On-going 13. Refuse Collection. The refuse collection service provider shall be consulted to ensure that adequate space is provided to accommodate collection and sorting of petrucible solid waste as well as source- separated recyclable materials generated by the residents within this project. Responsible Agency: PL When Required: Occupancy of Building 14. Water Quality Requirements. All development shall meet the water quality requirements of the City of Dublin's NPDES permit and the Alameda County Urban Runoff Clean Water Program. Responsible Agency: PW, PL Required By: Issuance of Building Permit 15. Hold Harmless/Indemnification. Applicant/Developer shall defend, indemnify, and hold harmless the City of Dublin and its agents, officers, and employees from any claim, action, or proceeding against the City of Dublin or its agents, officers, or employees to attack, set aside, void, or annul an approval of the City of Dublin or its advisory agency, appeal board, Planning Commission, City Council, Director of Community Development, Zoning Administrator, or any other department, committee, or agency of the City the Conditional Use Permit to the extent such actions are brought within the time period required by Government Code Section 66499.37 or other applicable law; provided, however, that the Applicant/Developer's duty to so defend, indemnify, and hold harmless shall be subject to the City's promptly notifying the Applicant/Developer of any said claim, action, or proceeding and the City's full cooperation in the defense of such actions or proceedings. Required By: Through completion of Improvements 16. Construction plans. Construction plans shall be fully dimensioned (including building elevations) accurately drawn (depicting all existing and proposed conditions on srte), and prepared and signed by an appropriate design professional. The site plan, landscape plan and details shall be consistent with each other. Responsible Agency: B, PL, PW Required By: Prior to issuance of building permits 17. Hours of construction. All construction shall be limited to take place between the hours of 7:30 a.m. and 6:00 p.m., Monday through Friday, except as otherwise approved by the Director of Public Works. No work shall be done on the weekends or holidays. Responsible Agency: PW Required By: Ongoing 18. Compliance. The Applicant/Property Owner shall develop this project and operate all uses in 4 compliance with the Conditions of Approval of this Conditional Use Permit and the regulations established in the Zoning Ordinance. Any violation of the terms or conditions specified may be subject to enforcement action. Responsible Agency: PL Required By: Ongoing FIRE PROTECTION 19. A Knox key lock system (2) shall be required. Applications are available at the Alameda County Fire Department, Fire Prevention Division, 100 Civic Plaza, Dublin, CA 94568. Please returnt he complted application with the building plans when you submit for a permit or prior to final inspection for occupancy. (CFC, 2001 Section 902.4, as amended) Responsible Agency: F Required By: Issuance of Building Permit 20. Fire Extinguisher. At least one (1) 2A IOBC portable fire extinguisher for each 3,000 sq. ft. of floor area shall be provided. Travel distance to an extinguisher shall not exceed 75 feet of travel distance. (CFC, 2001, Sec. 1002.1). Fire extinguisher shall be located near the exit. Responsible Agency: F Required By: Issuance of Building Permit 21. A Fire Department permit shall be required. Contact your Inspector at (925) 833-6606 for specific details. The reception area shown on floor plans shall be revised to include shelving and storage to remove all seating. Responsible Agency: F Required By: Issuance of Building Permit 22. Signage is required for the fire sprinkler riser, fire alarm room/panel, electric room/panel, roof access and any location that may require access during an emergency. Responsible Agency: F Required By: Issuance of Building Permit 23. Ventilation must meet the minimum air changes as required by the Building Code. Responsible Agency: F Required By: Issuance of Building Permit 24. Approved numbers or addresses shall be placed on all new and 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. Individual suite numbers shall be permanently posted on the main doors of tenant spaces (CFC, 2001, Section 901.4.4). If rear doors to tenant space are installed, they shall include the numerical address corresponding to the address on the front of the building. Responsible Agency: F Required By: Issuance of Building Permit 5 POLICE SECURITY 25. Non-Residential Security Requirements. The development shall comply with the City of Dublin Non-Residential Security Requirements (attached). Security hardware must be provided for all doors, windows, roof, vents, and skylights and any other areas per Dublin Police Services recommendations and requirements. Responsible Agency: B, PO Required By: Prior to Occupancy 26. There shall be lighting at each door. Responsible Agency: B, PO Required By: Prior to Occupancy 27. Addressing and building numbers shall be visible from the approaches to the building. Any future rear exit doors shall display the business name and address. Responsible Agency: B, PO Required By: Prior to Occupancy 28. Exterior landscaping shall be kept at a minimal height and fullness giving patrol officers and the general public surveillance capabilities of the area. Responsible Agency: B, PO Required By: Prior to Occupancy 29. Employee exit doors shall be equipped with 180-degree viewers if there is not a burglary resistant window panel in the door from which to scan the exterior. Responsible Agency: B, PO Required By: Prior to Occupancy 30. Applicant shall keep the site clear of graffiti vandalism on a regular and continuous basis at all times. Graffiti resistant materials should be used. Responsible Agency: B, PO Required By: Prior to Occupancy of first residence 31. The applicant shall work with the Dublin Police on an on-going basis to establish an effective theft prevention and security program. Responsible Agency: B, PO Required By: Prior to Occupancy of first residence DSRSD 32. Requirements and regulations. The Applicant/Property Owner shall comply with all applicable requirements and regulations of the Dublin San Ramon Services District. Responsible Agency: DSRSD. Required By: Ongoing 33. Improvement plans. Prior to issuance of any building permit, complete improvement plans shall be submitted to DSRSD that conform to the requirements of the Dublin San Ramon Services District Code, the DSRSD "Standard Procedures, Specifications and Drawings for Design and Installation of Water and Wastewater Facilities", all applicable DSRSD Master Plans and all DSRSD policies. 6 Responsible Agency: DSRSD. Required By: Prior to issuance of Building Permits 34. Signatures. Prior to the issuance of a building permit, all improvement plans for DSRSD facilities shall be signed by the District Engineer. Each drawing of improvement plans shall contain a signature block for the District Engineer indicating approval of the sanitary sewer or water facilities shown. Prior to approval by the District Engineer, the Applicant shall pay all required DSRSD fees, and provide an engineer's estimate of construction costs for the sewer and water systems, a performance bond, aone-year maintenance bond, and a comprehensive general liability insurance policy in the amounts and forms that are acceptable to DSRSD. The Applicant shall allow at least 15 working days for final improvement drawing review by DSRSD before signature by the District Engineer. Responsible Agency: DSRSD. Required By: Prior to issuance of Building Permits 35. Hold Harmless. The Applicant/Property Owner shall hold DSRSD, its Board of Directors, commissions, employees, and agents of DSRSD harmless and indemnify and defend the same from any litigation, claims, or fines resulting from completion of the project. Responsible Agency: DSRSD. Required By: Ongoing PASSED, APPROVED and ADOPTED this 27th day of May 2003. AYES: Cm. Fasulkey, Jennings, Nassar, King and Machtmes NOES: ABSENT: ABSTAIN: ATT+ Jeri Ram, lanning Manager PA12003103-0081CUP reso 7