HomeMy WebLinkAboutPC Reso 14-08 Guns, Fishing and Other Stuff MUP RESOLUTION NO. 14-08
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
APPROVING A MINOR USE PERMIT TO ESTABLISH A PARKING REQUIREMENT FOR AN
INDOOR SHOOTING RANGE (INDOOR RECREATIONAL FACILITY) AT 6705 AMADOR
PLAZA ROAD (APN 941-1500-038-03)
PLPA-2013-00063
WHEREAS, William and Travis Morgan of Guns, Fishing, and Other Stuff (Applicants)
have requested approval of a Minor Use Permit to establish a parking requirement for an indoor
shooting range (Indoor Recreational Facility) at 6705 Amador Plaza Road; and
WHEREAS, an indoor shooting range is classified as Indoor Recreational Facility; and
WHEREAS, Chapter 8.76 of the Zoning Ordinance establishes parking requirements by
use type; and
WHEREAS, Chapter 8.76 does not contain a parking requirement for an indoor shooting
range; and
WHEREAS, a Minor Use Permit to establish a parking requirement is required for Indoor
Recreational Facility uses when Chapter 8.76 (Off-Street Parking and Loading Regulations) of
the Dublin Zoning Ordinance does not contain a parking requirement for the specific Indoor
Recreational Facility use; and
WHEREAS, a parking study was conducted by the City's Senior Civil Engineer (Traffic)
and a parking requirement recommendation of twenty (20) spaces was given as a result of that
study; and
WHEREAS, the Project is located in the Downtown Dublin Zoning District, in which an
indoor shooting range (Indoor Recreational Facility) is permitted by-right subject to the approval
of a Zoning Clearance; and
WHEREAS, in accordance with Section 8.96.020.0 of the Dublin Municipal Code, the
Community Development Director is referring decision-making authority on the Project to the
Planning Commission; and
WHEREAS, the California Environmental Quality Act (CEQA), together with State
Guidelines and City Environmental Regulations require that certain projects be reviewed for
environmental impacts; and
WHEREAS, the Project is exempt from the California Environmental Quality Act (CEQA)
in accordance with Section 15061(b)(3) because it can be seen with certainty that the adoption
of a parking requirement will not have a significant effect on the environment. The adoption of
the proposed parking requirement does not, in itself, allow the construction of any building or
structure, but it sets forth the required parking that shall be provided if and when the Indoor
Recreational Facility (indoor shooting range) is established. This parking requirement of itself,
therefore, has no potential for resulting in significant physical change in the environment, directly
or ultimately; and
WHEREAS, a Staff Report was submitted to the City of Dublin Planning Commission
recommending approval of the Minor Use Permit; and
WHEREAS, the Planning Commission held a public hearing on said application on
February 11, 2014 at which time all interested parties had the opportunity to be heard; and
WHEREAS, proper notice of said hearing was given in all respects as required by law;
and
WHEREAS, the Planning Commission did hear and consider all reports,
recommendations and testimony herein above set forth and used their independent judgment to
evaluate the project.
NOW, THEREFORE, BE IT RESOLVED that the City of Dublin Planning Commission
does hereby make the following findings and determinations regarding the Minor Use Permit to
establish a parking requirement for an Indoor Recreational Facility (indoor shooting range):
A. The proposed use and related structures are compatible with other land uses,
transportation and service facilities in the vicinity in that: 1) the Project is the
establishment of a parking requirement for an Indoor Recreational Facility (indoor
shooting range) which is a permitted use in the Downtown Dublin Zoning District subject
to the issuance of a Zoning Clearance; 2) the parking requirement will support the use
and ensure that an adequate number of parking spaces are provided to meet the greatest
demands of the Indoor Recreational Facility (indoor shooting range); and 3) all parking
will be provided on-site and in accordance with Chapter 8.76 (Off-Street Parking and
Loading Regulations).
B. The proposed use meets the parking requirement for the use type in accordance with the
requirements of Chapter 8.76 (Off-Street Parking and Loading Regulations), which could
include a parking reduction for shared parking in that: 1) a parking study was prepared by
the City's Senior Civil Engineer (Traffic) to establish the parking requirement for the
Indoor Recreational Facility (indoor shooting range) use in accordance with Chapter 8.76
(Off-Street Parking and Loading Regulations); and 2) based on the recommendation and
conclusion of the City's Senior Civil Engineer (Traffic), the Project will ensure that an
adequate number of parking spaces are provided to support the proposed indoor
shooting range.
C. 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 in that: 1) the
establishment of a parking requirement for an Indoor Recreational Facility (indoor
shooting range) will support a use which is permitted by-right and ensure that an
adequate number of parking spaces are provided; and 2) all required parking will be
provided on the Project site.
D. It will not be injurious to property or improvements in the neighborhood in that: 1) a
parking study was prepared by the City's Senior Civil Engineer (Traffic) to establish the
parking requirement for the Indoor Recreational Facility (indoor shooting range) use in
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accordance with Chapter 8.76 (Off-Street Parking and Loading Regulations); and 2) a
Condition of Approval has been placed on the Project to ensure that all of the required
parking spaces for the indoor shooting range shall be provided for the life of the use.
E. 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 in that: 1) the establishment of a parking
requirement for an Indoor Recreational Facility (indoor shooting range) will not alter
existing pedestrian or vehicular access to the site which is provided on Amador Plaza
Road and Dublin Boulevard; and 2) the establishment of a parking requirement for an
Indoor Recreational Facility (indoor shooting range) will not alter existing public utilities,
services or infrastructure.
F. The subject site is physically suitable for the type, density and intensity of the use and
related structures being proposed in that: 1) the establishment of a parking requirement
for an Indoor Recreational Facility (indoor shooting range) will not alter existing
pedestrian or vehicular access which is provided to the site from sidewalks on Amador
Plaza Road and Dublin Boulevard; and, 2) all required parking will be provided on the
Project site.
G. 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 in that: 1)
the establishment of a parking requirement for an Indoor Recreational Facility (indoor
shooting range) is consistent with Chapter 8.76 (Off-Street Parking and Loading
Regulations) which requires that a parking requirement be established through the Minor
Use Permit process for those Indoor Recreational Facilities which do not have an
adopted parking standard; 2) the parking requirement will support a use that is permitted
by-right in the Downtown Dublin Zoning District; and, 3) all required parking will be
provided on the Project site.
H. It is consistent with the Dublin General Plan and with any applicable Specific Plans in
that: 1) the establishment of a parking requirement for an Indoor Recreational Facility
(indoor shooting range) is consistent with the General Plan Land Use designation of
Downtown Dublin Transit—Oriented District and the Downtown Dublin Specific Plan Area
both of which allow a range of residential, commercial, and mixed uses including Indoor
Recreational Facilities.
BE IT FURTHER RESOLVED that the Planning Commission does hereby approve a
Minor Use Permit to establish the parking requirement for an Indoor Recreational Facility (indoor
shooting range) at 6705 Amador Plaza Road, subject to the following conditions:
CONDITIONS OF APPROVAL
Unless stated otherwise, all Conditions of Approval shall be complied with prior to the issuance
of building permits, and shall be subject to Planning Division review and approval. The following
codes represent those departments/agencies responsible for monitoring compliance of the
conditions of approval: [PL] Planning; [B] Building; [PO] Police; [PW] Public Works; [ADM]
Administration/City Attorney; [FIN] Finance; [PCS] Parks and Community Services; [F] Dublin
Fire Prevention; [DSR] Dublin San Ramon Services District; [LDD] Livermore Dublin Disposal;
[CO] Alameda County Department of Environmental Health; [Zone 7] Alameda County Flood
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Control and Water Conservation District, Zone 7; [LAVTA] Livermore Amador Valley Transit
Authority; and [CHS] California Department of Health Services.
When
NO. CONDITIONS OF APPROVAL Agency Required, Source
Prior to:
GENERAL
1. Approval. This Minor Use Permit approval PL Planning
for PLPA-2013-00063 (Guns, Fishing, and
Other Stuff, Inc.) establishes a parking
requirement of 20 parking spaces for an
indoor shooting range (PLPA-2013-00063)
at 6705 Amador Plaza Road. This
approval is based on the conclusions of the
memorandum prepared by Obaid Khan,
Senior Civil Engineer (Traffic), dated
November 27, 2013, the project plans
prepared by RSA Architecture dated
received by Dublin Planning on October 25,
2013, the Written Statement dated received
by Dublin Planning on October 25, 2013,
and other plans, text, and diagrams relating
to this Minor Use Permit approval, unless
modified by the Conditions of Approval
contained herein.
2. Effective Date. This Minor Use Permit PL DMC
approval becomes effective 10 days after 8.96.020.H
action by the Planning Commission unless and
appealed before that time in accordance 8.136
with the Zoning Ordinance.
3. Permit Expiration. If the shooting range is PL 1 year DMC
not established within the initial 1 year from 8.96.020.D
expiration period for the Minor Use Permit, approval
the determination of the parking standard
shall lapse and become null and void
unless extended.
4. Time Extension. The original approving PL 1 year DMC
decision-maker may, upon the Applicant's from 8.96.020.E
written request for an extension of approval approval
prior to expiration, and upon the
determination that any Conditions of
Approval remain adequate to assure that
applicable findings of approval will continue
to be met, grant a time extension of
approval for a period not to exceed six (6)
months. All time extension requests shall
be noticed and a public hearing or public
meeting shall be held as required by the
particular Permit.
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5. Modifications. The Community PL On-going DMC
Development Director may consider 8.102
modifications or changes to this Permit
approval if the modifications or changes
proposed comply with applicable sections
of the Zoning Ordinance. _
6. Revocation of Permit. The Permit PL On-going DMC
approval shall be revocable for cause in 8.96.020.1
accordance with Section 8.96.020.1 of the
Dublin Zoning Ordinance. Any violation of
the terms or conditions of this permit shall
be subject to citation.
7. Indemnification. The Developer shall ADM On-going Admin/City
defend, indemnify, and hold harmless the Attorney
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,
Community Development Director, 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 Developer's
duty to so defend, indemnify, and hold
harmless shall be subject to the City's
promptly notifying The Developer of any
said claim, action, or proceeding and the
City's full cooperation in the defense of
such actions or proceedings.
8. Clarifications to the Conditions of PL On-going Planning
Approval. In the event that there needs to
be clarification to the Conditions of
Approval, the Community Development
Director has the authority to clarify the
intent of these Conditions of Approval to
the Applicant without going to a public
hearing. The Community Development
Director also has the authority to make
minor modifications to these Conditions of
Approval without going to a public hearing
in order for the Applicant to fulfill needed
improvements or mitigations resulting from
impacts to this project.
MINOR USE PERMIT
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9. Parking. All required parking spaces for
the indoor shooting range shall be in
addition to the amount of parking required
for the retail store and shall be provided on-
site for the life of the use but shall not be
assigned so as to prevent adjacent
businesses from utilizing available spaces.
10. Indoor Recreational Facility. The indoor PL Issuance DMC 8.70
shooting range is classified as an Indoor of Building
Recreational Facility and shall conform to Permits
all requirements of the Zoning Ordinance
Chapter 8.70 and obtain necessary
Planning permits.
PASSED, APPROVED AND ADOPTED this 11th day of February 2014 by the following vote:
AYES: Bhuthimethee, Do, Kohli, O'Keefe
NOES:
ABSENT:
ABSTAIN: Goel
Planning Commission Chair
Assistant Community Development Director
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