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HomeMy WebLinkAboutReso 187-03 CUPMartlArtsStudioRESOLUTION NO. 187 - 03 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN AFFIRMING THE DECISION OF THE PLANNING COMMISSION GRANTING A CONDITIONAL USE PERMIT FOR A MARTIAL ARTS STUDIO AND YOUTH CENTER AT 7233 REGIONAL STREET, APN 941-0305-021 WHEREAS, the applicant Mr. John Pfund has requested a Conditional Use Permit to establish a martial arts studio and youth center, including a day, after-school and summer camp program, located at 7233 Regional Street, APN 941-0305-021; 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 hold a public hearing on July 22, 2003, and did adopt Resolution 03-42 approving PA 02-058 Tri-Valley Martial Arts Center Conditional Use Permit; and WHEREAS, City of Dublin Mayor Janet Lockhart appealed the decision of the Planning Commission to the City Council; and WHEREAS, the City Council did hold a public hearing in consideration of the appeal on September 2, 2003; and WHEREAS, proper notice of said public hearing was given in all respects as required by law; and WHEREAS, the Staff Report was submitted recommending that the City Council make a determination based on the provisions of the Appeal Chapter of the Zoning Ordinance; and WHEREAS, the City Council did hear and consider all said reports, recommendations, and testimony hereinabove set forth and used their independent judgment to make a decision; and WHEREAS, the City Council found it necessary to modify the conditions of approval for the project. NOW, THEREFORE, BE IT RESOLVED THAT the Dublin City Council does hereby fred that consistent with the standards and intent 9f the Dublin ~ne~ p!~,,the ~0ses of the C-1 District, and the requirements 0f C°nditiOnal Use pemu'ts, the Pro~sed martial arts youth center is compatible with other land uses, transportation and service facilities in ~ 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 center will provide youth center services to the community, and the following reasons: a. As conditioned, the instructors and volunteers who work withchitdren at the center will be fingerprinted by the Dublin Police Services Department and the fingerprints will be submitted to the State of California for clearance. b. The proposed center provides for the new development of retail cOmmercial Use types along a major transportation corridor that is compatible with adjacent uses because it is within an existing shopping center that offers various commercial and service uses. There are no adjacent residential uses. c. 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 Fire Permit issued by the Alameda County Fire Department. BE IT FURTHER RESOLVED THAT THE Dublin City Council does hereby approve PA 02-058 Conditional Use Permit to allow the establishment ora martial arts school and youth center within an approximately 4,200 square foot existing lease space located at 7233 Regional Street, APN 941-0305-021, as depicted on Exhibits A and B, stamped approved and on file. BE IT ALSO RESOLVED THAT THE Dublin City CotmciI does hereby approve a reduction in the required parking spaces for Tri-Valley Martial Arts studio and youth cemer from 61 spaces to 45 spaces. The project approval shall be subject to compliance with the following conditions: CONDITIONS OF AppROVAL: Unless stated otherwise, all Cond~t~ons,,of Approyal shall, be comphed w~th prior to the ~ssuan, c¢ ,o,, building permits or estab!iSh~ent '0f use, and shall, b~ ..S.ubje~'t0 Planning Department review..and approval, The following codes represent those dep .a.r.t. ments/agenqes .r.~ponsible .for monitoring compiiance of the Conditions of APPmVal.:i [pL,] Piannin-~i ~1 B~lding~ [PO] POliCe, [PW] Public ....... Finance, Works [ .ADM] Administration/City Attorney, [FIN] ~l'~med~C6finty Fire D~p~ent, [DSR] Dublin. San Ramon S.eryices District,[COl Alameda County Department of Environmental Health. The number of students. The martial arts school and youth center shall have a maximum enrollment of 40 students and a maximum of five employees. Responsible Agency: PL Required by: On-going Parking spaces. The Applicant shall dedicate two parking spaces to the front of the school for drop-off and pick-up of students. These parking spaces shall be identified by marking on the wheel stops and other signage subject to the review and approval of the Community Development Director. Responsible Agency: PL Required by: On-going 2 Off-site Signage. Off-site signage prohibited by Chapter 8.84 shall not be allowed. Responsible Agency: PL Required by: On-going Drop-off and pick-up of students. The Applicant shall be responsible for escorting each student from the drop-off and pick-up area to and from the school. Responsible Agency: PL Required by: On-going Hours of Operation. Hours of Operation for the martial arts school and youth center shall be from 7:15 a.m. to 9 p.m. Monday through Friday. No youth programs shall occur on the weekend. Responsible Agency: PL Required by: On-going Noise/Nuisance. The Applicant shall control alt activities on the site so as not to create a nuisance to the adjacent or surrounding businesses. No loudspeakers or amplified music shall be permitted to project or be placed outside the building. Responsible Agency: PL Required by: On-going Maintenance. The Applicant shall be responsible for cleaning up and disposing of school generated trash and litter on-site and off-site within the center.. Responsible Agency: PL Required by: On-going o No Outdoor Play Area. The area to the rear of the tenant space, accessed by the back exit, and used for truck loading and trash pick-up, shall not be used as an outdoor play area for students, at any time. The basketball hoops shall be removed from the rear parking lot. Responsible Agency: PL Required by: On-going Exterior colors and materials. Exterior colors and materials for the structure shall be consistent with existing colors and materials. Responsible Agency: PL Required by: On-going 10. 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 11. Tenant space shall be used in the manner represented in application plans, written statements and other documents submitted ~ part of the application. Responsible Agency: PL Required by: Ongoing 3 12. Applicant shall install one bike rack and maintain it in good condition. Responsible Agency: PL Required by: Ongoing 13. Non-operative Vehicles. All non-operative vehicles shall be removed t~om the subject property. Responsible Agency: PL, PO Required by: On-going POLICE SERVICES 14. Fingerprinting. The Applicant and all staff members, whether volunteer or paid, shall be fingerprinted and the fingerprints shall be submitted to the State of California for clearance. The staff member's' names and clearance status will be available for review by the Chief of Police and/or his designee. Responsible Agency: PO Required by: On-going 15. Contract Transportation. The applicant shall provide information to the Chief of Police and/or his designee as to which taxicab companies will be used to transport students to the Center. This company and its drivers must be properly licensed and permitted according to Dublin Municipal Code requirements. Responsible Agency: PO Required by: On-going 16. Form Letter Available to Police Services. The applicant shall make available for review by the Chief of Police and/or his designee, the disclaimer form letter of any minor child student enrolled as part of the day, after school or summer camp program administered by the Center. Responsible Agency: PO Required by: On-going 17. Non Residential Security Ordinance. The applicant shall comply with all applicable City of Dublin Non Residential Security Ordinance requirements. Responsible Agency: PO Required by: On-going 18. There shall be lighting at each exit door. Responsible Agency: PO Required by: On-going 19. Addressing and building numbers shall be visible from the approaches to the building. Rear exit doors shall display the business name and address. Responsible Agency: PO Required by: On-going 20. Graffiti. The applicant shall keep the site clear of graffiti vandalism on a regular and continuous basis at all times. Responsible Agency: PO Required by: On-going 4 21. The applicant shall work with the Dublin Police on an ongoing basis to establish an effective theft prevention and security program. Responsible Agency: PO Required by: On-going 22. Employee exit doom 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: PO Required by: On-going FIRE PROTECTION 23. 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 return the completed 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: On-going 24. Fire Extinguisher. At least one (1) 2A 10BC 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: On-going 25. A Fire Department permit and inspection shall be required. Contact your Inspector at (925) 833-6606 for specific details. Responsible Agency: F Required By: Ongoing 26. Signagc 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: On-going 27. Ventilation must meet the minimum air changes as required by the Building Code. Responsible Agency: F Required By: On-going 28. 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 doom 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: On-going 5 GENERAL CONDITIONS 29. Standard Conditions of Approval. Applicant/Developer shall comply with all applicable City of Dublin Standard Public Works Criteria. In the event of a conflict between the Public Works Criteria and these Conditions, these Conditions shall prevail. Responsible Agency: PL When Required: On-going 30. Term. 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. Vesting of this Conditional Use Permit shall be pursuant to Section 8.96.020.D of the Dublin Zoning Ordinance.' Responsible Agency: PL Required By: On-going 31. Fees. Applicant shall pay all applicable fees 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: On-going 32. Revocation. The CUP will be revocable for cause in ~c0rdan~e with S~ct!°n 8,96:020,I of the Dublin Zoning ordin~ce' Any Violation ~f the terns'or'conditions '0fthis appr0vhl Shall be subject to citation. Responsible Agency: PL Required By: On-going 33. Required Permits. Applicant/Developer shall comply with the City of Dublin Zoning Ordinance and obtain all necessary permits required by other agencies (State of California Health and Human Services Agency, Alameda County Flood Control District Zone 7, Etc.) and shall submit copies of the permits to the Department of Public Works. Responsible Agency: Various When Required: On-goings 34. Solid Waste/Recycling. Applicant/Developer shall comply with the City's solid waste management and recycling requirements. Responsible Agency: ADM, When Required: On-going 35. 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: On-going 36. 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 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. 37. Compliance. The Applicant/Property Owner shall develop this project and operate all uses in compliance with the Conditions of Approval of this Conditional Use Permit and the regulations established in the Zoning Ordinance. Any violation of the terms or conditions specified may be subject to enforcement action Responsible Agency: PL ReqUired By: Ongoing CITY COUNCIL ADDITIONAL CONDITIONS PER MEETING OF 9/2/03 38. Age of Children. The attendance at the drop-in all-day youth program shall be limited to school age children. 39. Youth Program. Children attending the youth program shall be required to participate in a structured program and shall be required to attend the martial arts class. 40. Security. While children are present at least one staff person shall be assigned to monitor the exits of the facility for the safety of the children. 41. All-Day Program. During the summer and vacation all-day programs, the students shall have at least one-hour of outside activity, weather permitting. PASSED, APPROVED and ADOPTED this 2nd day of September 2003. AYES: Councilmembers McCormick, Oravetz, Sbranti and Zika and Mayor Lockhart NOES: None ABSENT: None ABSTAIN: None ATTEST~ ~ K/O/9.2-03/reso-martiai~rts-revised.doe (Item 6.2) Mayor g:planning\pa03\058~appeal\CUP reso 7