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HomeMy WebLinkAbout04-030 Sky Martial Arts CUPAGENDA STATEMENT PLANNING COMMISSION MEETING DATE: May 10, 2005 SUBJECT: PUBLIC HEARING - PA 04-030, Sky Martial Arts Conditional Use Permit to operate an Indoor Recreational Facility in the Village Parkway Specific Plan area with a parking reduction for shared parking at 7425 Village Parkway. Report Prepared by: Jeff Baker, Associate Planner ~,~ ATTACHMENTS: 1. Written Statement 2. Floor Plan 3. Class Schedule 4. Parking Study 5. Resolution Approving a Conditional Use Permit to allow an Indoor Recreational Facility (Sky Martial Arts) to operate in the Village Parkway Specific Plan Area. 6. Resolution Denying a Conditional Use Permit to allow an Indoor Recreational Facility (Sky Martial Arts) to operate in the Village Parkway Specific Plan Area. RECOMMENDATION: 1. Open the public hearing; 2. Receive Staff Presentation and Take Testimony from the Applicant and the Public; 3. Close the Public Hearing and Deliberate; and 4. Either; a. Adopt the Resolution (Attachment 5) Approving a Conditional Use Permit to allow an Indoor Recreational Facility (Sky Martial Arts) to operate in the Village Parkway Specific Plan Area; or b. Adopt the Resolution (Attachment 6) Denying a Conditional Use Permit to allow an Indoor Recreational Facility (Sky Martial Arts) to operate in the Village Parkway Specific Plan Area. PROJECT DESCRIPTION: The project site is located at 7425 Village Parkway and within the Dublin Village Square Shopping Center. The shopping center is located at the northeast corner of Village Parkway and Amador Valley Boulevard. The project site is within the Village Parkway Specific Plan area. The property has Planned Development Zoning (PD 02-12) and a General Plan Land Use Designation of Retail/Office. The City of Dublin Zoning Ordinance classifies martial arts studios as Indoor Recreational Facilities (Chapter 8.08.020). The Village Parkway Specific Plan identifies permitted, conditionally permitted and temporary uses within the plan area. A Conditional Use Permit is required to operate an Indoor Recreational Facility within the Specific Plan area (Chapter 4.2). Similarly, a Conditional Use Permit is required to operate a dental office within the Specific Plan area. The Planning Division is currently processing a request for a Conditional Use Permit application to allow Village Square Dental Center to operate in the suite next door to Sky Martial Arts (PA OS-006). COPIES TO: Applicant In-House Distribution G:\PA#2004\04-030 Sky Martial Arts\pcsr 5-10-OS.DOC ITEM NO. ~• The martial arts studio first came to the City's attention when the Code Enforcement officer discovered that an outdoor event was held without a Temporary Use Permit. Further research revealed that the martial arts studio had been operating since December of 2002 without a Conditional Use Permit. The owner of Sky Martial Arts has been actively working with the City to rectify this situation since they were made aware of the requirement to obtain a Conditional Use Permit. The Applicant requests approval of a Conditional Use Permit to operate an Indoor Recreational Facility (Sky Martial Arts) within the existing 1,243 square foot suite at 7425 Village Parkway. The Specific Plan permits the Zoning Administrator to take action on this Conditional Use Permit. However, the Zoning Administrator has referred this item to the Planning Commission for action as allowed under the Zoning Ordinance (Section 8.128.030.E). ANALYSIS: The land use concept for the Village Parkway Specific Plan area is to create an attractive retail/service commercial district. Indoor Recreational Facilities are permitted within the Specific Plan area by way of a Conditional Use Permit. The Conditional Use Permit process allows the City to place conditions of approval to ensure that the operation of the proposed use is compatible with the intent of the Specific Plan, Planned Development zoning district and the surrounding uses. The proposed project has been reviewed for issues related to operating characteristics, parking, and project design. Conditions of approval have been proposed where appropriate to ensure compatibility. Operating Characteristics: Sky Martial Arts teaches Tae Kwon Do, Gum Do and Hankido to people of all ages (4 years of age and older). The studio operates Monday through Friday from l l am to 9pm, Saturday from loam to l pm and is closed on Sundays and holidays (Attachment 1). Private classes are offered by appointment on weekdays between 11:30am and 4:30pm. Group classes, ranging in size from 4-15 people, are offered during the remaining times. Jun Yoon and Paula Aloi are the owners and currently the only employees of the business (Attachment 3). The proposed use will not generate noise or traffic that is inconsistent with other permitted commercial uses. Parking Analysis: The City of Dublin Zoning Ordinance contains off-street parking requirements by use type. A martial arts studio is required to provide one parking space per 50 square feet of instruction area, plus 1 parking space per 250 square feet of office (Chapter 8.76.080.D). Therefore, the parking requirement for Sky Martial Arts is 25 parking spaces. As previously mentioned, Sky Martial Arts is located within the Dublin Village Square Shopping Center. The shopping center contains a mix of existing use types. A multi-use project, such as this shopping center is required to provide the cumulative total number of parking spaces required for each use type within the center (Chapter 8.76.040.G). Therefore, a total of 448 on-site parking spaces are required for this center based on the existing and proposed uses, which includes Sky Martial Arts and the proposed Village Square Dental Center. However, only 313 on-site parking spaces are provided within the center - a shortage of 135 parking spaces. The parking associated with the Dublin Village Square Shopping Center was in conformance with Alameda County's then current Zoning Ordinance when the center was constructed in 1976. Since that time, the City of Dublin incorporated and made Zoning Ordinance Amendments to revise the parking requirements to meet the community's needs. The shopping center was grandfathered in under the previous ordinance. Therefore, new permitted uses have not been reviewed against the current parking Page 2 requirements. However, conditionally permitted uses, such as the subject project, provide the City with an opportunity to review the project against current parking requirements. The parking shortage is a result of previous approvals that have been granted for uses within this shopping center on the assumption that there was sufficient on-site parking to support the center and because of changes to the parking requirements contained in the Zoning Ordinance. The Zoning Ordinance (Chapter 8.76.OSO.F) allows a parking reduction for shared parking by way of a Conditional Use Permit. A reduction for shared parking may be granted if a report by a registered traffic engineer shows that, 1) The Conditional Use Permit findings can be made; 2) A sufficient number of spaces is provided to meet the greatest parking demands of the participating use types and to ensure that there will not be a parking deficiency; 3) Satisfactory evidence is provided that the use types, by their natures and operating times, will not conflict with each other; and 4) Overflow parking will not adversely affect any adjacent use. The shopping center would be short 110 required parking spaces (448-25-313=110) even without the addition of the proposed martial arts studio. Therefore, if the Planning Commission determines that it cannot make the findings in support of the parking reduction, the shopping center would have a vacant tenant space until a permitted use leases the space. A Parking Study was prepared for the City by Omni Means Engineers to identify the existing parking demand for the overall center and for sub-areas within the center (Attachment 4). The parking study was conducted over a one week period and includes a survey of the parking demand on both weekdays and weekends between the hours of 11 am and 9pm. The overall peak parking demand for the center occurred on Saturday at 12:30pm, with 229 parked vehicles (73% of parking spaces occupied). Peak parking demand within the sub-area serving the martial arts studio (Attachment 3, Figure 1, Isles B-F) occurred on weekdays between 6:30pm and 7:30pm, with vehicles parked in 76% of the adjacent spaces. The City's Traffic Engineer reviewed the results of the parking study and determined that there is a sufficient number of available parking spaces to satisfy the demand created by the existing and proposed uses and that the uses will not conflict with each other. The availability of on-site parking -only 73% of the on-site parking spaces were occupied at peak demand -indicates little potential for overflow parking. As previously mentioned, Sky Martial Arts is currently open for business. Therefore, the martial arts studio will not generate additional parking demand beyond that identified in the parking study prepared by Omni Means. However, the Planning Commission must determine if they can make the findings for the parking reduction. A Resolution approving (Attachment 5) and a Resolution denying (Attachment 6) the Conditional Use Permit has been included with this Staff Report. Recommended Conditions of Approval have been included in the draft Resolution approving the project to reduce the potential for creating additional parking impacts by limiting the combined number of employees and students to 25 people at any one time (Attachment 5). A Condition has also been included which requires employees to utilize the parking spaces in the rear of the shopping center to help ensure that convenient parking is available for customers. Project Design and Development: The applicant did not make tenant improvements to the interior or exterior of the building when the business opened. No modifications are proposed at this time. There is an existing wall sign mounted over the entrance to the tenant space. Staff has reviewed this sign and determined that it is in conformance with the Sign Ordinance requirements for wall signs (Chapter 8.84.110.V). Page 3 Review by City Departments: The proposed project has been reviewed by the Building Division, Public Works Department, Police Services Department, and the Alameda County Fire Department. Conditions of Approval have been included •where applicable. The Applicant has reviewed the draft Conditions of Approval and agreed to comply with the City's requirements. Conditional Use Permit 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 has prepared the draft findings included in the proposed resolution (Attachment 5). To deny the Conditional Use Permit, the Planning Commission would have to determine that one or more of the Conditional Use Permit findings cannot be made. Staff has prepared a draft resolution for denial (Attachment 6) should the Planning Commission determine that the Conditional Use Permit findings cannot be made. NOTICING: In accordance with State law, a public notice regarding this hearing was mailed to all property owners and occupants within 300 feet of the proposed project. A public notice was also published in the Valley Times and posted at several locations throughout the City. To date, the City has not received comments or objections from surrounding property owners or tenants regarding the current proposal. ENVIRONMENTAL REVIEW: This project is categorically exempt from the environmental review requirements of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301 (Existing Facilities). RECOMMENDATION: Staff recommends that the Planning Commission (1) open the public hearing, (2) receive Staff presentation and take testimony from the Applicant and the public, (3) close public hearing and deliberate, and (4) either; a) adopt the Resolution (Attachment 5) approving a Conditional Use Permit to allow an Indoor Recreational Facility (Sky Martial Arts) to operate in the Village Parkway Specific Plan area, orb) adopt the resolution (Attachment 6) denying a conditional use permit to allow an indoor recreational facility (Sky Martial Arts) to operate in the Village Parkway Specific Plan area.. Page 4 GENERAL INFORMATION: APPLICANT: Jun C. Yoon, Sky Martial Arts, 7425 Village Parkway, Dublin, CA 94568 PROPERTY OWNER: John Ortesi, Wildis North America Corporation, P.O. Box 194084, San Francisco, CA 94119 LOCATION: 7425 Village Parkway ASSESSORS PARCEL NO.: 941-0197-079 EXISTING ZONING: Planned Development -Village Parkway Specific Plan (PD 02-012) GENERAL PLAN DESIGNATION: Retail Office ENVIRONMENTAL REVIEW: This project is categorically exempt from the environmental review requirements of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301 (Existing Facilities). Page 5 May 27, 2004 City of Dublin 100 Civic Plaza Dublin, CA 94568 RE: Conditional Use Permit Written Statement APN: 941-0197-079-07 Sky Martial Arts 7425 Village Parkway Dublin, CA 94568 To Whom It May Concern: We have been in business in Dublin with a valid business license for almost 2 years and have just been told we need a C.U.P. We have another Sky Martial Arts in Castro Valley which has been in business since 1992. A. We are a martial arts instruction business, focusing on Tae Kwon Do, Gum Do and Hankido. B. There are no employees except for the business owners Master Jun Yoon and Ms. Paula Aloi. C. The proposed hours and days of operation are as follows: M-F l lam-9pm, Sat l0am- lpm, closed Sundays and holidays. D. We do not cater to a specific segment of the community, classes are offered for all ages 4 years old and up. E. Discipline, honor and respect for others are stressed in classes as well as providing aerobic and non-aerobic activities for the students. This includes self-defense, competition sparring and overall self-improvement. F. The classes offered are indoors and do not involve disturbing the community. G. Sky Martial Arts will not have negative effects on the community since we do not deal with hazardous chemicals or equipment. H. Sky Martial Arts will not have any negative impacts on property, transportation systems or existing improvements in the neighborhood. I. Sky Martial Arts is not located on a hazardous waste site. REGEIVE~ JUN 2 2 200 DUBLIN PLANNING ATTACHMENT I __ ~;, BLAi TOP AREA „„,.,,,,,,,,,, REAh .SHOPPING CENTER ~EBERrs 1563 PINE 5T, UVERMORE, CA 94550 PHONE: (925) 447-8058 draco_326~juno.com ~~` SKY MARTIAL ARTS DUBLIN STUDIO LAYOUT- y; CHK'D BY: C.H.R. N0 2Q04-01-8 (SHEET N0: D ~~~'~~ ~s~ f~TTACHMENT~ ~~~ ~ ~ ~ c.uu~ PARKING LOT AREA ®U~LIN PLANNINIa SKY MARTIAL ARTS ~~ OF SHOPPING CENTER DUBLIN STUDIO LAYOUT December 16, 2004 City of Dublin Attn: Jeff Baker Re: CUP for Sky Martial Arts PA 04-030 - - Dear Mr. Baker, This letter is in response to your inquiry requesting attendance for classes listed on the schedule. The following is an approximated total of students at the specific class times (seen in red). There is anywhere from 17 to 46 students attending class daily. Attendance varies daily so every effort was made to be as precise as possible. I understand the property manager is working on the parking issue with you. I hope we can fmish this application as soon as possible. Sincerely, } t Kelly Konnoff Sky Martial Arts 7425 Village Parkway Dublin, CA 94568 (925) 556-1759 8'1 ~~i~~ ~0 ~® CEC 2 ~ 200 ®~B~LIN PLANNtNtA Class Schedule: SEP, 2004 Time Monday Tuesday Wednesday Thursday Friday Saturday 11.30- Intro. & Intro. & Intro. & Intro. & Intro. & NO CLASSES 4.30 Private Private Private Private Private AT THIS ~ Classes by _ Classes by Classes by Classes by Classes by T1ME DUE Appt. Appt. Appt. Appt. Appt. TO ILLNESS Only Only Only Only Only (1} {1) 4:40- Be innin g g 4:50 - 5:20 Beginning 4:50 - 5:20 ~ 5:20 & Peewee & Peewee Family Class {4-7} Family Class {4-7) Class (8-10) (4, 5, 6 years) Class (8-10) (4, 5, 6 years) 5.30- 5:30 - 6:00 Adv. Class 5:30 - 6:00 Adv. Class All Selt 6:20 PeeVlVee Purple & Up Peewee Purple & Up Olympic Style Class (8-10) {10-13) Class (8-10) {10-13) Sparring (4, 5, 6 years) (4, 5, 6 years) Class (7-9) 6.30- 6:10 - 7:00 Beginning 6:10 - 7:00 Beginning Leadership i 7.10 Inter. Class & Family Inter. Class & Family Class Only j Green to BA Class Green to BA Class Demo & j (12-15) (8-10) (12-15) {8-10) Sparring (7-9) '];2Q_ 7:00 - 8:30 All Belt 7:10. - 8:10 All Belt All Belt i ~ 8:10 IIIStrllCtor C1aSS Leadership & Teen/Adnlt CIaSS Class Teen/Adult _ Class (5-10) Teen/Adult Kun1Do Class TeeniAdult open Class •'°""°°'"b'~ (12-15) (12-15) ATTACHI~!T ~ S f N G I N f E R 5 P L A N N E R S March 16, 2005 Mr. Ray Kuzbari Senior Traffic Engineer City of Dublin 100 Civic Plaza Dublin, CA 94568 ~~1~ ~. ~ ~~~ • ~.~ ~i Subject: Parking Study for Village Square Shopping Center, Dublin, CA. Dear Mr. Kuzbari, This letter report presents our findings for the parking surveys conducted at the Village Square Shopping Center located in the City of Dublin on the northeast corner of the Village Pkwy./Amador Valley Blvd. intersection. The parking surveys were conducted to identify existing parking demand for the overall center as well as demand within sub-areas where parking may be more congested than other areas of the shopping center. The study consisted of three parking surveys, one on a weekend (Saturday 3/5/05) and two during the week (Tuesday 3/8/05 and Thursday 3/10/05). The surveys were conducted between the hours of 11:00 a.m. and 9:00 p.m. with parking occupancies noted each half-hour. The parking demand totals for each survey are identified in Tables 1, 2, and 3 (attached}. Figure 1 illustrates the parking aisles by letter (A- Z) that are referred to in the tables. The surveys indicate that the highest parking demand for the overall center was found to be on the Saturday weekend. Peak parking demand occurred at 12:30 p.m. with 229 parked vehicles, or 73% of the center's striped parking spaces occupied. The parking demand then continued to decline in a linear progression throughout the rest of the day. On the two weekdays, the center's overall parking demand peaked between noon and 1:00 p.m. Peak demand was recorded with a total of 191 parked vehicles (61% occupancy) at 1:00 p.m. on Tuesday and 206 total vehicles (66% occupancy) at 12:00 noon on Thursday. The overall parking demand was found to drop to approximately 50% occupancy throughout the rest of the day. The departure of vehicles from closed businesses after 4:30-5:00 p.m. was then replaced with restaurant and health club vehicles. Parking demand within asub-area serving businesses located in the northeast corner of the center is also identified in Tables 1-3. Five parking aisles denoted with the letters B-F on Figure 1 were assumed to primarily serve this area. The highest parking demand within this sub-area was found to occur on weekdays from 6:30 to 7:30 p.m., with 83 parked vehicles representing 76% occupancy on Tuesday and Thursday. The parking demand trend within this sub-area was an increase during the noon hour to approximately 60% occupancy before rising to its maximum ~iTTACHMEI~T ~I 1901 Olympic Boulevard, Suite 120 • Walnut Creek, CA 94596 0 (925) 935-2230 fax: (925} 935-2247 ROSEVIL~E BEDDING VISALiA WALNUT CREEK _ _ _. peak demand in the evening: On the weekend Saturday, the maximum demand occurred at 12:30 p.m., with 73 vehicles (67% occupancy), then declined through the rest of the day. Some other qualitative observations regarding the center's parking demand were noted during the surveys. The southeast area spaces (aisles Q-U) are filled to capacity by Dublin Beauty School students until 4:30 or 5:00 p.m. then cdmpletely empty out. In the evenings, parking for the health club increases in the front central spaces (aisles E-G). The parking spaces along the• northern boundary in back of the shopping center (aisle Z) are primarily used by employees. If other employees are currently parking in front of the shopping center, there are additional spaces in the back where they could conceivably move. We trust this information fulfills the City's needs. Please feel free to contact us with any questions or if you would like additional information. Si erely, i ~~~ OMNI-MEANS, Ltd. Engineers & Plarulers v y3~ol-7 an~e ,~a~~en ~oadwd saaeds £T + pad~.~~snn Z -- ~- -~- -1---~---T- -~-~~ j~ - --------------------- ------------ ~ ::: : O ..... . .. `° ~ ~ u __ _ mac, saaeds OT O ~ soiwop ~ ~' J O Cu0 ~' 9 sp~e~ ~ ;.~ ~ h v - R ~elue ~ ~ ~ ~ - ~ N .~ a - ~ 00 y~iBeH s,su,d saaeds ' Q - o U H T) 6 ~ 0 ® 0~ ~ ySe~ 93 ;w ;uied a~ooW ~(pa~{ v ~ ~ y + '~ ... a6apo~ /I;Haag u!~gn4 ~ saaeds ZZ l I I I I r~ ~ O _ ,(ail '8 xoo~ Reg ~a s;ad ~liwe~ O emd a~eg-n s,g nol. saaeds 9T s;nuy6nop s,~(uuyo~ © r~T~ ~ ~a;ua~ 6uinrag uygnd ~ y "'; ~ a+ .. 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Mmar^ m~rnvm ~ avN.-o vvr~~n ~ .- v~ n ~n~om ~ E~ ~ ~ `e ~ o e e e ~ 2E 2e ~° o'e a 3e 'ee dE 2° o o'e a o`e 2° 0 3° o o`e d° 0 2° ~ ~ u' O O O m m M IC) S M M C m r m O O M 0 N .- IA M M O m M 0 Y m m m M In 1/) 0 0 V m n N 0 Y ~f1 ~!1 01 ~ C7 N ~ E 1A n N ~t r N n< n 117 N r O~ O m 1C1 m N ~ N ~ O M O n 0 1n .~ ~ ~ ~ ~ u7 n 1n N 0~ ~ ti L 0~ ~ F- ~ ~ r ~ C A d N dI¢mc>ow LL~=-~ Y~gzO adou~~- > > ~xrNi ~ E ° E ° - o r a o O A a m v m E L C O O C RESOLUTION NO. 05 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING A REQUEST FOR A CONDITIONAL U5E PERMIT TO ALLOW AN INDOOR RECREATIONAL FACILITY TO OPERATE IN THE VILLAGE PARKWAY SPECIFIC PLAN AREA WITH A PARKING REDUCTION FOR SHARED PARKING AT THE PROPERTY AT 7425 VILLAGE PARKWAY (APN 941-0197-070) PA 04-030 WHEREAS, Jun C. Yoon, Business Owner and Applicant, has requested approval of a Conditional Use Permit to allow an Indoor Recreational Facility to operate at the property at 7425 Village Parkway within the Village Parkway Specific Plan area and a parking reduction for shared parking; and WHEREAS, a complete application for the above noted entitlement request is available and on file in the Community Development Department; and WHEREAS, the Applicant has submitted project plans dated received June 22, 2004; and WHEREAS, a Parking Study was prepared by Omni Means Engineers to evaluate the request for a Parking Reduction for Shared Parking; and WHEREAS, This project is categorically exempt from the environmental review requirements of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301 (Existing Facilities); and WHEREAS, a Staff Report was submitted outlining the issues surrounding the request; and WHEREAS, the Planning Commission did hold a public hearing on said project application on March 22, 2005; and WHEREAS, proper notice of said public hearing was given in all respects as required by law; and WHEREAS, the Planning Commission did hear and use their independent judgment and considered all said reports, recommendations, and testimony hereinabove set forth. NOW, THEREFORE, BE IT RESOLVED THAT the Dublin City Council does hereby make the following findings and determinations. A. The proposed use and related structure, as conditioned, is compatible with other land uses, transportation and service facilities in the vicinity. The proposed Indoor Recreational Facility provides a new commercial use type along a major transportation corridor. The use is compatible with adjacent uses because it is within an existing shopping center that offers various retail, commercial and service uses. B. The proposed use, as conditioned, 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 and will not be injurious to property or improvements in the neighborhood because the proposed use will be adequately conditioned to ensure that the operation has had no recognizable negative impacts, and the proposed use will serve a public need by providing a dental office to residents. C. The proposed use, under all circumstances and conditions of this permit, will not be injurious to property or improvements in the neighborhood because the proposed use by its nature and as conditioned will ensure that it is compatible with the surrounding land uses. D. There are adequate provisions for public access, water, sanitation, and public utilities and services to ensure that the proposed use and related structures, as conditioned, would not be detrimental to the public health, safety, and welfare. The site is completely improved and serviced by all appropriate utilities and infrastructure. E. The subject site is physically suitable for the type, density and intensity of the use, as it is operating within an improved tenant space in an existing shopping center and is compatible with the other uses in the center. F. The proposed use will not be contrary to the specific intent clauses, development regulations, and performance standards established for the Planned Development zoning district. The Planned Development zoning district is intended to provide aretail/service commercial area and the proposed martial arts studio will help to further this intent. G. The approval of this Conditional Use Permit is consistent with the Dublin General Plan and the Village Parkway Specific Plan and will provide a service to the community that is consistent with the intent of the General Plan Land Use designation and the Specific Plan. BE IT FURTHERED RESOLVED THAT the Dublin Planning Commission does hereby find the following requirements for a parking reduction for shared parking can be met: A. The Conditional Use Permit findings can be made. B. A sufficient number of spaces are provided to meet the greatest parking demands of the participating use types and to ensure that there will not be a parking deficiency. Satisfactory evidence is provided that the use types, by their natures and operating times, will not conflict with each other. Overflow parking will not adversely affect any adjacent use. A Parking Study was prepared by Omni Means Engineers to identify the existing parking demand for the overall center and for sub-areas within the center. The overall peak parking demand for the center occurred on Saturday at 12:30pm, with 229 parked vehicles (73% of parking spaces occupied). Peak parking demand within the sub-area serving the martial arts studio occurred on weekdays between 6:30pm and 7:30pm, with vehicles parked in 76% of the adjacent spaces. BE IT FURTHER RESOLVED THAT the Dublin Planning Commission does hereby approve PA 04-030 Sky Martial Arts Conditional Use Permit to allow the operation of a martial arts studio within an approximately 1,243 square foot existing lease space located at 7425 Village Parkway, APN 941-0197- 079. BE IT FURTHER RESOLVED THAT the Dublin Planning Commission does hereby approve a Parking Reduction for Shared Parking for the Village Square Shopping Center. 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_[POl Police, fPWI Public Works fADM~ Administration/City Attorney [FIN] Finance [F] Alameda County Fire Department, fDSRSDI Dublin San Ramon Services District 1C0] Alameda Count~partment of Environmental Health. CONDT10N'1'E~1' RESPON. ~~'HEN SOURCE AGENCY REQ'D Prior to: GEN ERAL CONDITIONS 1. Permit Validity. Approval of this Conditional Use Permit PL On-going Standard shall be valid for one year from the effective date. 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. 2. Revocation. The Conditional Use Permit will be PL On-going Standard revocable for cause in accordance with Section 8.96.020.I of the Dublin Zoning Ordinance. Any violation of the terms or conditions of this approval shall be subject to citation and ossible revocation. 3. Compliance. The Applicant/Property Owner shall develop PL On-going Standard 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. 4. Hours of Operation. Hours of Operation for the martial PL On-going CUP arts school and youth center shall be from 9a.m. to 9p.m. Monday through Friday and l0a.m. to 6p.m. on Saturdays and Sunda s. 5. Class size and employees. The combined maximum PL On-going CUP number of students and employees shall be limited to a total of 25 eo le at an one time. 6. Parking. Employees shall utilize the parking in the rear of PL On-going CUP the sho in center when ever ossible. 7. Noise/Nuisance. The Applicant shall control all activities PL On-going CUP on the site so as not to create a nuisance to the surrounding businesses and residents. No loudspeakers or amplified music shall be permitted to project or be placed outside the buildin . 8. Minor amendments. Modifications or changes to this PL On-Going CUP Conditional Use Permit approval may be considered and approved by the Community Development Director, if the modifications or changes proposed comply with Section 8.100.080, of the Zonin Ordinance. CONDITION TEXT RESPO'V. R'HEN SOURCE AGENCY' REQ'D Prior to: 9. Property Maintenance. The property shall be maintained B On-going Standard in accordance with Section 5.64, Property Maintenance of the Dublin Munici al Code. 10. Building Codes and Ordinances. All project construction B Through UBC shall conform to all building codes and ordinances in effect Completion at the time of buildin ermit. 11. Building Permits. To apply for building permits, the B Issuance of CUP Applicant shall submit five (5) sets of construction plans to Building the Building Division for plan check. Each set of plans Permits shall have attached an annotated copy of these Conditions of Approval. The notations shall clearly indicate how all Conditions of Approval will or have been complied with. Construction plans will not be accepted without the annotated resolutions attached to each set of Tans. 12. Construction Drawings. Construction plans shall be fully B Issuance of CUP dimensioned (including building elevations) accurately Building drawn (de ictin existin and ro osed conditions on site . Permits 13. The project shall comply with the California Building and F On-Going CUP Fire Codes as ado ted b the Cit of Dublin. 14. Exit doors shall be openable from the inside without special F On-going CUP knowledge or effort. The main door may have key locking hardware in accordance with the California Buildin Code. 15. Provide exit signs as required by the California Building F On-going CUP Code. 16. A Knox box shall be provided at the main entry door. The F On-going CUP Knox box shall contain a key that provides access to the tenant space. Order forms for the lock box are available at the Fire Prevention office at the address above. The key can be placed in the box during the Fire Department ins ection. 17. Approved numbers or addresses shall be placed on the F On-going CUP tenants ace. 18. A Fire Department inspection is required. F Finalizing CUP Permit 19. The applicant shall comply with all applicable City of PO On-going CUP Dublin Non Residential Securit Ordinance re uirements 20. The Developer and/or Property Owner shall keep the site PO On-going CUP clear of graffiti vandalism on a regular and continuous basis at all times. 21. The Applicant shall complete a "Business Site Emergency PO On-going CUP Res onse Card" and deliver to the olice. PASSED, APPROVED AND ADOPTED this 10~' day of May 2005. AYES: NOES: ABSENT: ABSTAIN: Planning Commission Chairperson ATTEST: Planning Manager G:\PA#\2004\04-030 Sky Martial Arts\PC Reso.doc 5 RESOLUTION NO. OS - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN DENYING A REQUEST FOR A CONDITIONAL USE PERMIT TO ALLOW AN INDOOR RECREATIONAL FACILITY TO OPERATE IN THE VILLAGE PARKWAY SPECIFIC PLAN AREA WITH A PARKING REDUCTION FOR SHARED PARKING AT THE PROPERTY AT 7425 VILLAGE PARKWAY (APN 941-0197-070) PA 04-030 WHEREAS, Jun C. Yoon, Business Owner and Applicant, has requested approval of a Conditional Use Permit to allow an Indoor Recreational Facility to operate at the property at 7425 Village Parkway within the Village Parkway Specific Plan area and a parking reduction for shared parking; and WHEREAS, a complete application for the above noted entitlement request is available and on file in the Community Development Department; and WHEREAS, the Applicant has submitted project plans dated received June 22, 2004; and WHEREAS, a Parking Study was prepared by Omni Means Engineers to evaluate the request for a Parking Reduction for Shared Parking; and WHEREAS, This project is categorically exempt from the environmental review requirements of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301 (Existing Facilities); and WHEREAS, a Staff Report was submitted outlining the issues surrounding the request; and WHEREAS, the Planning Commission did hold a public hearing on said project application on March 22, 2005; and WHEREAS, proper notice of said public hearing was given in all respects as required by law; and WHEREAS, the Planning Commission did hear and use their independent judgment and considered all said reports, recommendations, and testimony hereinabove set forth. NOW, THEREFORE, BE IT RESOLVED THAT the Dublin Planning Commission does hereby make the following findings: A. The proposed use is not compatible with other land uses, transportation and service facilities in the vicinity as it is in a viable retail commercial building in an established shopping center which is not an appropriate location for an Indoor Recreational Facility. s. The martial arts studio will be contrary to the specific intent clauses, development regulations, and performance standards established for the Planned Development zoning district. There is an insufficient amount of parking to support the cumulative total parking requirement for the proposed use and the existing uses within the shopping center. C. There are not a sufficient number of parking spaces provided to meet the greatest parking demands of the participating use types and to ensure that there will not be a parking deficiency. Satisfactory evidence is not provided that the use types, by their natures and operating times, will not conflict with each other. Overflow parking will adversely affect adjacent uses. A Parking Study was prepared by Omni Means Engineers to identify the existing parking demand for the overall center and for sub-areas within the center. The overall peak parking demand for the center occurred on Saturday at 12:30pm, with 229 parked vehicles (73% of parking spaces occupied). Peak parking demand within the sub-area serving the martial arts studio occurred on weekdays between 6:30pm and 7:30pm, with vehicles parked in 76% of the adjacent spaces. BE IT FURTHER RESOLVED THAT the Dublin Planning Commission does hereby deny PA 04-030 Sky Martial Arts Conditional Use Permit to allow the operation of a martial arts studio within an approximately 1,243 square foot existing lease space located at 7425 Village Parkway, APN 941-0197- 079. BE IT FURTHER RESOLVED THAT the Dublin Planning Commission does hereby deny a Parking Reduction for Shared Parking for the Village Square Shopping Center. PASSED, APPROVED AND ADOPTED this 10~' day of May 2005. AYES: NOES: ABSENT: ABSTAIN: Planning Commission Chairperson ATTEST: Planning Manager G:\PA#\2004\04-030 Sky Martial Arts\PC Reso Denial.doc