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HomeMy WebLinkAboutItem 6.2 TriValleyMartialArsCUP CITY CLERK File # AGENDA STATEMENT CITY COUNCIL MEETING DATE: September 2, 2003 SUBJECT: PUBLIC HEARING: Consideration of Appeal of Planning Commission Approval of PA 02-058, Tri-Valley Martial Arts Studio and Youth Center - Conditional Use Permit Report Prepared by: Pierce Macdonald, Associate Planner ATTACHMENTS: Letter Received July 28, 2003, appealing Planning Commission Decision of July 22, 2003 Planning Commission Staff Report and Minutes for July 22, 2003 Resolution Affirming Planning Commission Approval Community Care Licensing Exemption Information RECOMMENDATION: 2. 3. 4. 5. o Open Public Hearing Receive Staff Presentation and Applicant Testimony Question Staff and the Public Close Public Hearing and Deliberate Adopt Resolution Affirming Planning Commission Approval of a Conditional Use Permit for a Martial Arts Studio and Youth Center (Attachment 3) Alternatively, the City Council may do the following: A. Affirm the Planning Commission Approval of July 22, 2003 with Modifications or Additional Conditions of Approval; B. .. Reverse the Planning Commission Decision of July 22, 2003 thereby Denying the Conditional Use Permit PROJECT DESCRIPTION: On July 22, 2003, the Planning Commission held a public hearing for a Conditional Use Permit application for a martial arts studio and youth center, Tri-Valley Martial Arts Center, with after-school, day and summer programs. At the July 22, 2003 meeting, the project was unanimously approved by the Planning Commission subject to conditions of approval. A third-party appeal of the approval was filed with the Dublin City Clerk on July 28, 2003, pursuant to the requirements of Chapter 8.136, Appeals, of the Zoning Ordinance. This report discusses the issues reviewed by the Planning Commission. COPIES TO: Applicant In-House Distribution G:kPA#k2002\02-058 Tri Valley Martial ArtskAppeal\staffreport90203.DOC ITEM NO. BACKGROUND: Permits Required: On February 28, 1996, Th-Valley Martial Arts Center received a Conditional Use Permit (CUP) from the Zoning Administrator for a commercial recreational facility (martial arts studio) located at 7980 Amador Valley Boulevard. Tri-Valley Martial Arts Center moved to the current project location at 7233 Regional Street in 2001. The business was contacted by the Dublin Zoning Enforcement Division last year for illegal signs and for operating a martial arts studio at the new address without a valid CUP. The Applicant removed the signage and submitted an application for a CUP to legalize the use. The project area is within the C-1 (Retail Commercial) Zoning District, which requires a CUP to operate a martial arts studio and community facility pursuant to Section 8.12.050 of the Zoning Ordinance and which requires a CUP to reduce required parking pursuant to Section 8.76.050.E. The project location is a tenant space within the Ralph's Shopping Center, on Regional Street between Dublin and Amador Valley Boulevards. The tenant space is approximately 4,200 square feet. As proposed, the martial arts studio and youth center would be used for child, youth and adult martial arts classes, ages four (4) and over, with class sizes of one (1) to 40 students, and would offer day, after-school and summer youth programs. The center proposes to have 2-5 employees, depending on the number of students present. Business hours are 7:15 a.m. to 9 p.m. Monday through Friday and 10 a.m. to 3 p.m. on Saturday. Th-Valley Martial Arts Center provides transportation for children attending the program to and from the children's schools in the Center's 15-passenger van. In the past, contract transportation services were used for this purpose. However, the applicant has stated that the Center has discontinued this practice. Parents pick-up and drop- off their children at various times during the day also. The project is categorically exempt from CEQA under Section 15301, Class 1. Planning Commission Meeting: On July 22, 2003, the Planning Commission held a public hearing for the CUP application for Th-Valley Martial Arts Center. The Planning Staff Report and Meeting Minutes for the Planning Commission meeting of July 22, 2003 are included as Attachment 2. Staff recommended that the Planning Commission approve the project subject to conditions of approval which addressed parking, student loading and unloading, site design, and health and safety. At the Planning Commission hearing, two persons spoke in support of the project, and one person spoke in opposition, raising concerns regarding the lack of licensing of the after-school, day and summer programs. Staff explained that the program is exempt from State of California Commtmity Care Licensing Division requirements (included as Attachment 4 and discussed below). At the July 22, 2003 meeting, the project was unanimously approved by the Planning Commission subject to conditions of approval. Community Care Licensing Exemption: Tri-ValleY Martial Arts Center is exempt from child care licensing requirements under Section 101158 of the State of California Community Care Licensing Division's Evaluator Manual (included as Attachment 4), for Section 101158 of the California Code of Regulations, Title 22. The Center is categorized by the Community Care Licensing Division as a "drop-in recreation program for school-age children" because the children are allowed to come to the center and leave at will. The parents of the children attending the program sign a form letter (included as Attachment 4), which acknowledges that Th-Valley Martial Arts Center is not a daycare and that the Center is not responsible for supervision and care of the children. In addition, this exemption is applicable in cases where a business or organization provides transportation for children, pursuant to Section 101158. The Planning Commission adopted Conditions of Approval (also contained in the draft City Council Resolution included as Attachment 3) recommended by Staff from the Dublin Building and Safety Division, Planning Division, Public Works Department, Police Services Department, and the Alameda County Fire Department. To protect the students' health and safety, the Police Services Department recommended the following project-specific Conditions of Approval which were adopted by the Planning Commission: Fingerprinting (Condition 14 of Attachment 3). 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. Contract Transportation (Condition 15 of Attachment 3). 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. Form Letter Available to Police Services (Condition 16 of Attachment 3). 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. · Non-Residential Security Ordinance (Condition 17 of Attachment 3). The applicant shall comply with all applicable City of Dublin Non-Residential Security Ordinance requirements. There shall be lighting at each exit door (Condition 18 of Attachment 3) and addressing and building numbers shall be visible l~om the approaches to the building. Rear exit doors shall display the business name and address (Condition 19 of Attachment 3). · Employee exit doors (Condition 18 of Attachment 3) 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. APPEAL: On July 28, 2003, an appeal was filed with the City of Dublin City Clerk by Mayor Janet Lockhart consistent with the requirements of Chapter 8.136, Appeals, of the Zoning Ordinance. Pursuant to Chapter 8.136, when a City Council Member appeals a decision, there shall be a presumption applied that the reason for the appeal is because the appealed action has significant and material effects on the quality of life within the City of Dublin. Pursuant to the Zoning Ordinance, no other reason need be or shall be stated by the Council Member in his or her written appeal. The third-party appeal letter filed on July 28, 2003, by Mayor Janet Lockhart states that the grounds for the appeal are "the presumption that the action of the Dublin Planning Commission will have a significant and material effect on the quality of life within the City of Dublin." Further discussion of the appeal may be undertaken at the City Council meeting. Under Section 8.136.060.D, the City Council may affirm, affirm in part, or reverse the decision of the Planning Commission to approve the Conditional Use permit. The three (3) options before the Council are: The City Council could decide that the Planning Commission action be affirmed and adopt the attached resolution affirming the Planning Commission decision and approving the Conditional Use Permit application for a martial arts studio and youth center, Tri-Valley Martial Arts Center, with after-school, day and summer programs. The City Council could decide that the Planning Commission action be affirmed and direct Staff to prepare a resolution affirming the Planning Commission decision, with modifications or additional Conditions of Approval. o The City Council could decide that the Planning Commission decision be reversed and direct Staff to prepare a resolution reversing Planning Commission decision and denying the Conditional Use Permit application for a martial arts studio and youth center, Tri-Valley Martial Arts Center, with after-school, day and summer programs. · The City Council may continue this matter, but must take action within 75 days of the date the appeal was filed (75 days from July 28, 2003, is October 11, 2003), pursuant to Section 8.136.060.A of the Dublin Municipal Code. Additionally, because the appeal was filed by a member of the City Council, the Council may consider any issue concerning the application. RECOMMENDATION: Staff recommends that the City Council open the Public Hearing; receive Staff's and the Applicant's presentations; take public testimony; question Staff and the Applicant; and, adopt a Resolution (Attachment 3) affirming the Planning Commission's approval of a Conditional Use Permit to establish a martial arts studio and youth center, and to approve a parking reduction, subject to the attached Findings and Conditions. Alternatively, the City Council may do the following: A. Affirm the Planning Commission approval of July 22, 2003 with modifications or additional conditions of approval; or B. Reverse the Planning Commission decision of July 22, 2003 thereby denying the Conditional Use Permit If the City Council selects options A or B, the Council may indicate the reasons for its action by a "straw vote." Staff will then return at the following City Council meeting with a resolution for formal adoption. CiTY OF DUBLIN !00 CMc Plaza, Dublin, California 94568 Website: http://www, ci.dublin.ca.us July 28, 2003 Kay Keck, City Clerk City of Dublin 100 Civic Plaza Dublin CA 94568 RE: Dublin Planning Commission Decision, PA 02-058 Dear Kay, I wiSh to appeal the action of the Dublin Planning Commission ofJu!y 22, 2003, in the matter of Th-Valley Martial Arts. My reason for the appeal is the presumption that the action of the Dublin Planning Commission will have a significant and material effect on the qualitY of life within the City of Dublin. · ?\Sincerely, . ~ Janet Lockhart Mayor, City of Dublin Cc; Richard Ambrose, City Manager Eddie Peabody, Community Develo' >ment Director ATTACHMENT Area Code (925) - City Manager 833-6650 ~ City Council 833-6650 ~ Personnel 833-6605 o Economic DeYetopment 833-6650 Finance 833-6640 · Public Works/Engineering 833-6630 · Parks & C..mmunity cervices 833-6645 · Police 833-6670 , fanning/Code Enforcement 833-6610 Building I,,spucti.m 833-6620 . Fire Prevention Bureau 833-6606 Printed on Recycled Paper AGENDA STATEMENT PLANNING COMMISSION MEETING DATE: July 22, 2003 SUBJECT: ATTACHMENTS: PA 02-058, Tri-Valley Martial Arts Youth Center - Conditional Use Permit Report Prepared by: Pierce Macdonald, Associate Planner ~ 2. 3. 4. Written Statement Project Plans Parking Study Resolution Approving a Conditional Use Permit for a Martial Arts Studio and Youth Center Community Facility RECOMMENDATION: 2. 3. 4. 5. Open Public Hearing Receive Staff Presentation and Applicant Testimony Question Staff and the Public Close Public Hearing and Deliberate Adopt Resolution Approving a Conditional Use Permit for a Martial Arts Studio and Youth Center (Attachment 4) DESCRIPTION: The Applicant, Mr. John Pfund, requests Planning Commission approval to operate a martial arts studio and youth center with after-school, day and summer programs, named Tr/-Valley Martial Arts. The business is located within a tenant space at 7233 Regional Street. The tenant space is approximately 4,200 square feet. If approved, the martial arts studio/program would be used for child, youth and adult martial arts classes, ages 4 and over, with class sizes of 1 to 40 students, and day, after-school and summer youth programs. The studio will teach, other leadership skills in addition to martial arts, including computer skills. The center will have 2-5 employees. No youth center programs are proposed on the weekend, although regular martial arts classes are' held on the weekend. Business hours are 7:15 a.m. to 9 p.m. Monday to Friday and 10 a.m. to 3 p.m. on Saturday. The Applicant's written statement is included as Attachment 1. BACKGROUND: The location of the project is Regional Street within the Ralph's Shopping Center between Dublin Boulevard and Amador Valley Boulevard (Attachment 2). The site is part of a larger shopping center complex that houses the Ralph's, Long's and Mervyn's stores and Wells Fargo Bank as anchor tenants, along with approximately 14 smaller tenant spaces and a large, shared parking lot. The project area is within the C-1 (Retail Commercial) Zoning District. The proposed new use will occupy space previously used for sale of paper/stationary. All previous fixtures and equipment have been removed and no inter/or or exterior modification is required to house the proposed martial arts studio/program. mmmmmmmmmmmmm, COPIES TO: ITEM NO. Applicants In-House Distribution ATTACHMEHT The Applicant received a CUP from the Zoning Administrator for a previous business location at 7980 Amador Valley Boulevard on February 28, 1996. Th-ValleY Martial Arts moved to the project location in 2001. The business was contacted'by the Dublin Zoning Enforcement Division last year for illegal signs and for operating a business without a CUP. The Applicant has removed the signage and submitted an application for this CUP to legalize the use, as required by the Zoning Ordinance. ANALYSIS: The Tri-Valley Martial Arts studio and youth center can be categorized as both an indoor recreation facility and 'as a community facility/daycare center because it shares some of the characteristics of each. Both community facilities and in-door recreation facilities require a Conditional Use Permit pursuant to the Zoning Ordinance. Parking Analvsis City Staff reviewed the existing shared parking condition in the shoPping center (Attachment 3). The existing parking lot provides approximately 500 spaces within a 450-foot radius of the subject site (an approximately .5 minute walk within the same parking area). The required parking for the martial arts studio is 61 parking spaces. With the addition of the proposed martial arts studio, the combination of uses in the shopping center would require 516 spaces, according to the Zoning Ordinance's Off-Street Parking and Loading Regulations. The Zoning Ordinance allows reductions of required parking for individual uses (Section 8.76.050.E) under certain conditions. In Section 8.76.050.E, a reduction in required parking may be made if a parking study analyzes the parking demand of similar uses, demonstrating that the required standards are excessive and proposing an alternative standard which would ensure that there is not a parking deficiency and that overflow parking would not adversely impact adjacent uses. Pursuant to Section 8.76.050.E, the City's Traffic Engineer reviewed a Parking Study (Attachment 3) which analyzed the demand generated by similar uses and found that the demand is less than the parking spaces required in the Zoning Ordinance. In addition, the experience of Th-Valley Martial Arts business stated that the required parking standard was excessive in this case because so many students of the school are dropped off by their parents or transported by Th-Valley Martial Arts in the business' 15-passenger van. The Traffic Engineer found that the proposed alternative parking standard in the Parking Study was appropriate because it linked parking demand to the number of students and employees. The Traffic Engineer determined that the alternative standard would ensure that there would not be a parking deficiency and that overflow parking would not impact any adjacent use because, as conditioned, the martial arts studio is limited to 40 students and five employees at any one time (Condition 1). In conclusion, the City's Traffic Engineer reviewed the shortage of 16 parking spaces. The City Traffic Engineer determined that a reduction of 16 from the martial arts center requirement through limiting class size and employees, would satisfy the parking demand in the shopping center. A recommended Conditions of Approval would limit class size to 40 students and to five employees at any one time (Condition 1). Therefore, Staff recommends a parking reduction for the martial arts studio from 61 parking spaces to 45 spaces. Student Loadin,~ Area The proposed Martial Arts Youth Center drop-off and pick-up pattern is comparable to a daycare facility. Section 8.76.080.D of the Zoning Ordinance requires the provision of an adequate loading area for drop- off and pick-up of students for a daycare center (for fifteen or more children). The requirement specifies Page 2 the provision of one loading space for every five children for drop-off and pick-up. Based on the enrollment of 40 student, s, eight loading spaces would be required. However, Section 8.76.080.D also allows parking and loading per cUP for unclassified in-door recreation. On July 14, 1998, the Planning Commission reviewed an application for a similar, 4,732-square'foot community facility within the Stroud's Plaza shopping center, Montessori Plus, at 7234-40 San Ramon Road. This project had a similar number of students (40)' in similar starting age ranges (3 - 6) as the application under review. The Planning Commission allowed the loading spaces for Montessori to be reduced from 8 spaces to 4 spaces based on the staggering of times that parents dropped off and picked up their children, starting at 7:30 a.m. Staff contacted the Police Services and Public Works departments, and the loading of students at Montessori Plus has not negatively impacted the Strouds Plaza shopping center. Similarly, Th-Valley Martial Arts has stated that parents drop off children at different times in the morning between 7:15 a.m. and 9 a.m. and that Th-Valley Martial Arts transports many of the students with a 15-passenger van. Staff recommends..that a designated pickzup and drop-off area be established by marking the first tw'o parking spaces in front of the business (Condition 2) as "loading only" and, in addition, allow loading and unloading of two cars within the 12 by 40-foot space identified by the Applicant (included with Attachment 2, titled "Student Drop-Off"). Bike Parking: The Zoning Ordinance requirement for bicycle parking is one bicycle parking space for every 40 automobile parking spaces. The parking lot for the subject parcel has 42 automobile parking spaces. A bicycle rack accommodating one bicycle would be necessary to satisfy the Zoning Ordinance requirement. The Planning Division recommends a condition of project approval requiting the Applicant to install one bike rack (Condition 12).' Project Design and Development No exterior changes are proposed for the new use. Signage consistent with the existing Master Sign Program of the shopping center is proposed. The Planning Division recommends a condition of project approval requiting that the area to the rear of the tenant space, accessed by the back exit, not be used as an outdoor play area for students, at any time, due to the inherent conflict between the track traffic, truck loading and trash pick-up of adjacent businesses and children playing. Moreover, Staff recommends that the basketball hoops in the rear parking lot be removed (included as' Condition 8). In addition, the Planning Division recommends that any non-operative vehicles, such as the Th-Valley Martial Arts school bus, be removed from the shopping center parking lot (included as Condition 13), as required by the Municipal Code. Review by Cit~ Departments Staff from the Dublin Building and Safety Division, Public Works Department, Police Services Department, and the Alameda County Fire Department also reviewed the application and included Conditions of Approval where applicable. General Plan The proposed martial arts studio/program is consistent with the Dublin General Plan's designation for this area as Retail/Office because the General Plan allows community facilities in all areas of Dublin, and the proposed use is compatible with the existing and allowed uses in the shopping center. There are no residential uses in the project vicinity. Page 3 Conditional Use Perr~it Required Findings: To approve a Conditional Use Permit, the following findings must be made: the proposed use 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. Staff recommends that the preceding findings can be made in the affirmative, as conditioned. The proposed project has been reviewed by all appropriate departments and agencies, and Conditions of Approval have been incorporated to ensure that the project would operate consistent with the Conditional Use Permit findings. The Applicant has reviewed the draft Conditions of Approval and agreed to comply with the City's requirements. NOTICING: In accordance with State law, a public notice was mailed to all property owners and occupants within 300 feet of the proposed project, to advertise the project and the upcoming public heating. A public notice was also published in the Valley Times and posted at several locations throughout the City. To date, the City has received no contact or objections from surrounding property owners or tenants regarding the current proposal. ENVIRONMENTAL REVIEW: This project has been found to be Categorically Exempt from CEQA under Section 15301, Class 1 of the California Environmental Quality Act Guidelines, Existing Facilities, because the project consists of the minor interior improvements within an existing approximately 4,200 square foot tenant space. RECOMMENDATION: Staff recommends that the Planning Commission open the Public Hearing; receive Staff's and the Applicant's presentations; take public testimony; question Staff and the Applicant; and adopt a Resolution approving the request for a Conditional Use Permit to establish a martial arts studio and youth center into an approximately 4,200 square foot vacant tenant space at 7233 Regional Street and to approve the parking reductions, subject to the attached Findings and Conditions. G:~PA#L2003\03-008staffreport052703 a-DOC Page 4 General Information: PROJECT: PROJECT DESCRIPTION: PA ~22058'Tri:~lley l~a~ial Al-ts 2: COnditional Use Permit The Applicant, Mr. John Pfund, proposes to establish a martial arts studio and leadership program named Th-Valley Martial Arts within a lease space at 7233 Regional Street. The lease space is approximately 4,200 square feet. If approved, the martial arts studio would be used for child, youth and adult martial arts classes, ages 4 and over, and day, summer and after-school programs. LOCATION: 7233 Regional Street, Dublin, CA 94568 APN 941-0305-021 ENVIRONMENTAL REVIEW: This project has been found to be Categorically Exempt from CEQA under Section 15301, Class 1 of the California Environmental Quality Act Guidelines, Existing Facilities, because the project consists of the leasing of an approximately 4,200 square foot, existing tenant space. APPLICANT John Pfund Th-Valley Martial Arts 7233 Regional Street Dublin, CA 94568 PROPERTY OWNER: David Ash Johnson, member/property owner WMMIG, LLC 14 Commercial Blvd., Suite 125 Novato, CA 94949 Page 5 Tm-Valley Mar iat Center TranspOrted After-SChool Martial Fax600-1672 Ar?s Before School-After $chool-$ummer Camp September 17,2002 Re: Conditional Use Permit for Tri-ValleyMartial Arts Center Written Statement improvements in the neighborhood. Our school is not located on a hazardous waste and substances site. -/ - / A. The type of business is a martial arts school. B. Currently we have 2 employees and we will be hiring 2 more. C. Our operating hours are Mon-Fri 7:15 a.n~-9:00 p.m. Sat 10:00 a.m. -3:00p.m. D. The business targets ali members of the community. E. My business benefits the community by giving children and adults a structured program to build leadership skill% increase self-confidence, self-respect, self- esteem, focus and discipline. Our goal is to develop our students into leaders of the community. F. Our business is located indoors and does not effect the surrounding community. G. Our business Will not impact on the health or Safety of people residing or working in the vicinity. Our business will have no impact on property, transportation systems or existing 7233 Regional St. Dublin, California 94568 Tel: 925-829-7229 F~: 866-350-0899 Web Page: ~.tfivallema~ial~s.com E~: &em~a~h°t~c°m Tri~VaIIey Martial Arts 7233 Regional St. Dublin, Ca 94568 This Plan was received by Johnsoa Chamberlain and Associates and Modified by John Pfund 3/31/03 Vicinity Nlnp 60'0" outside fire e~tinguisher ~J 33'6" A · A A ~' ~ :~ m rn · ", x. X 26'6" 0 © I1 0'~ I+ ...% Th-Valley Martial Arts 7233 Regional Street PA 02-058 Tri-Valley Martial Arts 7233 Regional Street. Parking Study Prepared by the City of Dublin Public Works and Community Development Departments July 1, 2003 Th-Valley Martial Arts 7233 Regional Street PA 02-058 Reduction of Parkin~ for An Individual Use Analysis,, Under Section 8.76.080 of the Dublin Zoning Ordinance, .the required number of parking spaces based on gross floor area of the proposed martial arts studio and youth center is 61. A reduction of 16 required parking spaces for a total of 45 spaces is reviewed in this analysis. Standard is Excessive: Dublin's Zoning Ordinance requirement for In, door Recreation/Martial Arts Studio is 1 space for 50 square feet of gross floor area and 1 space for 250 square feet gross floor area of office. This parking standard may not be applicable to expected parking demand from the proposed martial arts use and may be excessive, for the following reasons: - According to the Applicant, the majority of students are dropped off and picked up by their parents or by the Tri-Valley Martial Arts shuttle service. The applicant has voluntarily agreed to a limit on class size of 40 students and a limit on employees of five employees. Based on this limit, the proposed use would not be expected to generate demand for more than 45 parking spaces, at peak demand. - Parking Standards: PAS Report Number 510/511, published by the American Planning Association, reports that the minimum requirement for parking for martial arts studios, of the zoning ordinances reviewed nationwide, is 1 space per 300. The maximum is 1 space for 100 square feet of gross floor area. The maximum allowance is half as restrictive as that in Section 8.76.080 of the Dublin Zoning Ordinance. - According to the Shared Parking Analysis, the site could be expected to ,,enerate pass by" traffic within the shopping center of at least 4.2% or greater. Conclusion: This Study recommends an alternative parking requirement that is linked to the maximum number of students and employees. The applicant has voluntarily agreed to a limit on class size of 40 students and a limit of five employees. The proposed use would be expected to generate demand for no more than 45 parking spaces, at peak demand, and would not create a parking deficit or adversely impact adjacent property because parking requirement of 1 space per 93.3 square feet of floor area is the actual parking demand. I (,z$O~) o, Sf RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION ' 0F TIIEcITY OF DUBLIN APPROVING ESTABLISHMENT OF A MARTIAL ARTS CENTER CONDITIONAL USE PERMIT LOCATED 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 youth center, including a day, after-school and summer camp program, located at 7233 Regional Street, APN 941-0305-021; and WHEREAS, the Planning Commission held a properly noticed public hearing on said application on July 22, 2003; 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 ~stimony 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 Zoning Administrator does f'md that consistent with the standards and intent of the Dublin General Plan, the Purposes of the C-1 District, and the requirements of Conditional Use Permits, the proposed martial arts youth center 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 center will provide youth center services to the community, and the following reasons: a. As conditioned, the instructors and volunteers who work with children 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 Planning Commission 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 Planning Commission does hereby approve a reduction in the required parking spaces for Tri-Valley Martial Arts studio and youth center 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 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: [PL.] Planning, [B] Building, [PO] Police, [PW] Public Works [ADM] Administration/City Attorney, [FIN1 Finance, IF] Alameda County Fire Department, [DSR] Dublin San Ramon Services District, [CO] Alameda County Department of Environmental Health. PLANNING 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 o 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 o 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 all 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. 2 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 10. 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 We st~c[ur~,~shal~ be consistent with existing colors and materials. Responsible Agency: PL Required by: On-going 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 as part of the application. Responsible Agency: PL Required by: Ongoing 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 from 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 3 16. 17. 18. 19. 20. 21. 22. 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 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 There shall be lighting at each exit door. Responsible Agency: PO Required by: On-going 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 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 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 Employee exit doors shall be equipped with 180-degree viewers if there is not a burglary resistant window panel in the door from wkich 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, Dubtin, 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 fioor area shall be provided. Travel distance to an extinguisher shall not exceed 75 feet of travel distance. (CFC, 200,1, 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 4 26. 27. 28. Required By: On-going 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: On-going Ventilation must meet the minimum air changes as required by the Building Code. Responsible Agency: F Required By: On-going 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: On-going 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 accordance with Section 8.961020.! 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 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 oft he 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 PASSED, APPROVED and ADOPTED this 22nd day of July 2003. ATTEST: Planning Commission Planning Manager 03\058\CUP reso CALL TO ORDER A regular meeting of the City of Dublin Planning Commission was held on Tuesday, July 22, 2003, in the Council Chambers located at 100 Civic Plaza. Chair Fasulkey called the meeting to order at 7:00 p.m. ROLL CALL Present: Commissioners Fasulkey, Jermings, Nassar, and Machtmes; Jeri Ram, Planning Manager; Kristi Bascom, Associate Planner; Pierce Macdonald, Associate planner; and Maria Carrasco, Recording Secretary. Absent: Cm. King ADDITIONS OR REVISIONS TO THE AGENDA - None MINUTES OF PREVIOUS MEETINGS - July 8, 2003 were approved as submitted. ORAL COMMUNICATION - None WRITTEN COMMUNICATIONS - None PUBLIC HEARINGS: 8.1 PA 03-012 Tri Valley Auto Wholesale -- Conditional Use Permit amendment for an existing auto sales and service establishment for additional outdoor vehicle display at Tri-Valley Auto Wholesale, an auto sales and service establishment at 6398 Dougherty Road #10-12 (A proposed amendment to Conditional Use Permit PA 02-019) Cm. Fasulkey opened the public hearing and asked for the staff report. Ms. Bascom explained that the applicant Danny Jones has submitted a letter before them tonight with a request to withdraw their application to amend the conditional use permit. Cm. Fasulkey closed the public hearing and accepted the withdrawal of the application. 8;2 PA 03-024 Arragon Large Family Day Care - Conditional Use Permit application for a large family daycare (up to 14 children) in a single-family home located at 6071 Round Hill Drive in Dublin. The applicant currently operates a small family daycare in this location and is proposing to expand the operation. The operating hours for the daycare are Monday - Friday 6:00 a.m. to 6:00 p.m. Cm. Fasulkey opened the public hearing and asked for the staff report. greater than in a typical neighborhood but the City has not received any complaints for existing daycares in Dublin and does not see it to be aproblem. On motion by Cm. Nassar 2nd by Cm. Machtmes by a vote 3-1-1 'with Cm. Jennings opposed and Cm. King absent the Planning Commission approved RESOLUTION NO. 03-40 A RESOLUTION OF THE PLANNING COMMISSION ADOPTING A NEGATIVE DECLARATION FOR PA 03-024 A LARGE FAMILY DAYCARE HOME CONDITIONAL USE PERMIT REQUEST IN A PD (PLANNED DEVELOPMENT) ZONING DISTRICT AT 6071 ROUND HILL DRIVE RESOLUTION NO. 03-41 A RESOLUTION OF THE PLANNING COMMISSION APPROVING PA 03-024 A CONDITIONAL USE PERMIT REQUEST FOR A LARGE FAMILY DAYCARE HOME CONDITIONAL USE PERMIT REQUEST IN A PD (PLANNED DEVELOPMENT) ZONING DISTRICT AT 6071 ROUND HILL DRIVE Cm. Fasulkey asked Ms. Ram to explain the appeal process. Ms. Ram explained the appeal process. 8.3 PA 02-058 Tri Valley Martial Arts Studio/Youth Center - Conditional Use Permit Application to allow the establishment of a martial arts studio and youth center with an after-school/summer program within an existing 4,200 square foot tenant space at 7233 Regional Street. Cm. Fasulkey opened the public hearing Ms. Macdonald presented the staff report. The Applicant, Mr. John Pfund, requests Planning Commission approval to operate a martial arts studio and youth center with after-schooL day and summer programs, named Tri-Valley Martial Arts. The business is located within a tenant space at 7233 Regional Street. The tenant space is approximately 4,200 square feet. If approved, the martial arts studio/program would be used for child, youth and a'dult martial arts classes, ages 4 and over, with class sizes of 1 to 40 students, and day, after-school and summer youth programs. The studio will teach other leadership skills in addition to martial arts. She would like to make a correction; the staff report states they will teach computer skills, which is incorrect. The center will have 2-5 employees. No youth center programs are proposed on the weekend, although regular martial arts classes are held on the weekend. Business hours are 7:15 a.m. to 9 p.m. Monday to Friday and 10 a.m. to 3 p.m. on Saturday. Cm. Fasulkey asked if the Applicant was taking over Ray Gracie's studio. John Pfund stated he is a subtenant and not involved with the studio. Ms. Ram stated the permit under review is Tri Valley Martial and the subtenant is not part of this application. Cm. Fasulkey stated Mr. Gracie is a neighbor but has not financial connection with him or his studio. Ms. Macdonald stated that City Staff reviewed the existing shared parking condition in the shopping center. The required parking for the martial arts studio is 61 parking spaces. With the addition of the proposed martial arts studio, the combination of uses in the shopping center would require 516 spaces, according to the Zoning Ordinance's Off-Street Parking and Loading Regulations. The Zoning Ordinance allows reductions of required parking for individual uses under certain conditions. In Section 8.76.050.E, a reduction in required parking may be made if a parking study analyzes the parking demand of similar uses, demonstrating that the required standards are excessive and proposing an alternative standard which would ensure that there is not a parking deficiency and that overflow parking Would not adversely impact adjacent uses. In conclusion, the City's Traffic Engineer reviewed the shortage of 16 parking spaces. The City Traffic Engineer determined that a reduction of 16 from the martial arts center requirement, through limiting class size and employees, would satisfy the parking demand in the shopping center. A recommended Condition of Approval would limit class size to 40 students and to five employees at any one time. Therefore, Staff recommends a parking reduction for the martial arts studio from 61 parking spaces to 45 spaces. No exterior changes are proposed for the new use.' Signage consistent with the existing Master Sign Program of the shopping center is proposed. The proposed project was reviewed by all appropriate departments and agencies, and Conditions of Approval have been incorporated to ensure that the project would operate consistent with the Conditional Use Permit findings. The Applicant has reviewed the draft Conditions of Approval and agreed to comply with the City's requirements. Cm. Nassar asked the rationale for limiting the class size. Ms. Macdonald stated it was based on the parking requirements. Cm. Fasulkey asked for the applicant's presentation. 127 John Pfund, Owner of Tri Valley Martial Arts explained his program. He stated that his program teaches focus, discipline, respect and self-confidence to students that will be leaders of the community. His after school program allows children to make more productive use of their time for parents who work full time. Cm. Jennings asked about the hours the students are dropped off. Mr. Pfund stated that during the summer he runs an all day fun camp. During the school year he has approximately 5 children that are taken to school from his facility. Cm. Jennings asked if he provides activity for the kids before school. Mr. Pfund stated they get to play on the mats or watch television. Cm. Jennings asked the hours during the school year. Mr. Pfund stated the facility is open 7:15 a.m. to 9:00 p.m. Cm. Nassar asked what type of qualifications are required for an employee. Mr. Pfund stated his employees come directly out of his martial arts classes. Cm. Nassar asked about the quality of the project. Mr. Pfund stated he has been studying martial arts for 26 years as well as child development. Aruna Dhall, 3990 Stoneridge Drive stated she is in favor of the project. Her child attends the after school program and is happy with the program. She stated that she has never had a problem with the parking. Jason Baker, 39 Roatan Court stated he is in favor of the program. The qualifications of the employees have been developed by John and the employees are exceptional individuals. His daughter has been attending for 16 months and he is very happy with the changes in her attitude and morale. Ms. Shawna Brown, Child Care Links, stated the program resembles an official after school daycare program. She asked why the program has not become a licensed program. She would like to see health and safety codes looked at as well as criminal background checks. Mr. Pfund addressed the question on daycare licensing and stated the reason their program chooses not to become a licensed daycare is because of all the red tape and the limits that are imposed with a license. Cm. Fasulkey closed the public hearing. He asked Staff if they are comfortable with the explanation on being exempt from licensing. Ms. Ram stated that staff has reviewed the project and looked at the issues related to the project. Because they are working with children, Staff contacted other agencies to ensure child safety. The Police Department required conditions of approval to address child safety. Mr. Pfund has agreed with all the conditions of approval. Cm. Jennings asked to address the applicant. Cm. Fasulkey re-opened the public hearing. Cm. Jennings asked if transportation is provided for the children to and from school. Mr. Pfund stated yes. They provide transportation to all the schools in Dublin, Pleasanton, San Ramon and a portion of Danville. Metro Cab provided the transportation last Year but it is now provided in house. Cm. Jennings asked if they still use taxi cabs to transport the children. Mr. Pfund responded no. Cm. Fasulkey asked if there were any other questions, and hearing none he closed the public hearing. Cm. Jennings asked if the background fingerprinting is sent to the State of California, Department of Justice. Ms. Ram responded yes. On motion by Cm. Machtmes, 2"a by Cm. Nassar, by a vote of 4-0-1 with Cm. King absent the Planning Commission approved. RESOLUTION NO. 03 - 42 A RESOLUTION OF THE PLANNING COMMISSION APPROVING ESTABLISHMENT OF A MARTIAL ARTS CENTER CONDITIONAL USE PERMIT LOCATED AT 7233 REGIONAL STREET, APN 941-0305-021 NEW OR UNFINISHED BUSINESS - None Cm. Jennings stated Dublin Theater Company ha~ trash and debris behind their facility. Ms. Ram stated she would have the City's Code Enforcement Officer investigate the issue. OTHER BUSINESS (Commission/Staff Informational Only Reports) ADJOURNMENT - The meeting was adjourned at 8:40 p.m. ffully-mitted,/ ~lanning Commission C~~n Plannin~-l~a~ager 130 RESOLUTION NO. - 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 has 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. NOW, THEREFORE, BE IT RESOLVED THAT the Dublin City Council does hereby find that consistent with the standards and intent of the Dublin General Plan, the Purposes of the C- 1 District, and the requirements of Conditional Use Permits, the proposed martial arts youth center 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 ATTACHMENT 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 with children 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 of a 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 Council does hereby approve a reduction in the required parking spaces for Tri-Valley Martial Arts studio and youth center 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 Conditions of Approval shall be complied with prior to the issuance of building permits or establishment of use, and shall be subiect to Planning Department 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, [FI Alameda County Fire Department, [DSR] Dublin San Ramon Services District, [CO] Alameda County Department of Environmental Health. PLANNING 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 o Off-site Signage. Off-site signage prohibited by Chapter 8.84 shall not be allowed. Responsible Agency: PL 2 10. 12. 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 all 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 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 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 Tenant space shall be used in the manner represented in application plans, written statements and other documents submitted as part of the application. Responsible Agency: PL Required by: Ongoing 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 from 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 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 4 Required by: On-going 22. 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: 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: On-going 26. 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: 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 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: On-going 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. 5 Responsible Agency: When Required: PL 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 accordance with Section 8.96.020.1 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 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 4. 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 PASSED, APPROVED and ADOPTED this 2nd day of September 2003. AYES: NOES: ABSENT: ABSTAIN: ATTEST: Mayor City Clerk g:planning\pa03\058\appeal\CUP reso 7 . Kard~oK~ckbox/// RECEIVED APR ~ 8 20O3 DUBLIN PLANNING i understand that Tri-Vaile¥ Martial Arts is not a daycare but rather a martial arts sc~'°ol and that their intent is to teach maAia! arts physical..-ski!ls as wel!~as philosophical and ch'araCter building S'A'iii~"i"'"i acknoWledge that they are not -.r~P0nsible fbr suP~'~i.'~Sion and Care of my child/children ?~'a~er school or in summer camp. Futhermore, I authorize .... i~'~t~ my childi~hi!dren,.:.~r~ free :~o cOme and go from their ~ilitY and d0 not h~'~:t0 'go t© martial arts if they do not want to. Parent/Guardian Signature: R~gional Street Dubliii, Ca 94568 (925) 829-7229 510 822 2641 TO 919258536628 P. 01/05 DEPARTMENT OF SOCIAL SERVICES COMMUNITY CARE LICENSING DIVISION BAY AREA CHILD CARE REGIONAL OFFICE t 515 Clay Street, Suite 1102, Oakland, CA 94612 CDSS CALIFO EN'IA DEPARTMENT OF ~O CI,-~,L SERVICES FROM: Commun~ Care Licensinq Bay Area Regional Office ~, Oakland [Child C.~re) Se,der', Dire~ Phone. Number* ~/0 ~ ~_~ ~ g~ L~ ~.~C~~~ Fax Number: (510)'622-2641 Main Phone Number. (5'10)622-2602 Pages sent including this sheet: MESSAGE: RUG-8~-2005 05:46PM TEL)510 62~ ~641 ID)CITY OF DUBLIN PAGE:001 R=99x F. VALUATOR MANUAL CHILD CARE CENTERS GENERAL LICENSING REQUIREMENTS 10115g EXEMPTION FROM LICENSURE (Continued) 101158 (a)(7) PROCEDURE This information is provided to kelp cletermin¢ if a recreation program, day camp or organi_ 'zed camp is exempt fi-om l{censure as specL~¢d in Health and safety Code Sections 1596.792 and I596.793. Does the facility provide care and supervision to ch/ldmn? If no, not subject to licensure. If yes, mi'er to #2. Drop-in recreation programs for school-age children are exempt from licensing requirements because, as deft. ned below, they do not provide child coxe. A drop-in recreational program is in a physical location that_children can en~,~,~ and depart a~t will. Children are not required to formally sign/n/out. But program s~_m.a.y, requ?t children to sign in/out for purposes of accountability (e.g., membership, etc.). Chilaren WhO participate in drop-in recreational programs do not require monitoring or supervision. Once at the facility children are no~ assigned specific activities or placed in a ~tructured program, "Drop-in" children may freely choose among a number ofrecreatio-~l activities. Although children in drop-in programs do not require care and supervision, staff are not prohibited from directing them in thc proper and safe usv of equipment; providi-g instruction such as how to kick a soccer bali or do a back flip without injury; and preventing unruly conduct such as fighting. Transportation to or from thc facility is not a factor in detenninlng if the facility is a drop-in recreational program. Children may arrive at or depart from the facility on their own. Children's authorized representatives must be clearly informed that children participat'.~, in the drop-in recreational program arc not there to receive structttred care and supervision. Authorized representatives must be informed that children have the right to come and go from thc facility as they please--and that facility staff will not prevcnI children from leaving the facility at any time. 01CCC-03 December 2001 AUG-a2-2003 03:4GPM TEL)SiO G22 2641 ID)CITY OF DUBLIN PAGE:002 R=100z 622 2641 TO 919258336628 CH~D CARE CENTERS EvALUATOR MADIUAL GENEIO. L LICENSING REQUntEME~S 101158 EXENIPTION FROM LICENSURE (Continued) 1011~ (a)(7) PROCEDUR~ (Continued) Ail program descriptions a~d a_d¥%.rt~,.,.¢mentz m~t. c! ly mte t t.ti¢ .f ili descriptions ~md ~verQsel~ents catmot state ~at ~ f~ili~ is provid~ c~id ~. ~ ~ con~tion for e~fio% ~ fa~i~W m~t ~om each c~d's ~c~ ~~v~ of ~c fomso~g. The faclli~ must also ~vc a. si~ed smtm~ ~om ~ ~o~pa rep~mfive ~&ca~g ~t he ~r ~he ~ers~ds ~e con~o~ ~der w~h t~ facffi~ ogemtes, Lc., ~t ~e f~ b ~t a lice~ c~ c~ cmt~. F~e f~W docm't ~ow who ~he auto--ed representatives =e (for example, ~c ~ffi~ d~m't ob~ ~t mfom~on ~ pa~ of its memb~ship process), ~e ~ci~ do=~*t need to ob~ ~t doc~enmfion. AUG-22-2003 03:46PM TEL)510 622 2641 ID)CITY OF DUBLIN PAGE:003 R=98~