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Home My WebLink AboutPC Reso05-27 PA04-030 Sky Martial Arts CUP RESOLUTION NO. 05 - 27 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING 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) P A 04-030 WHEREAS, Jun C. Y oon, Business Owner and Applicant, has requested approval of a Conditional Use Pennit 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 ofthe 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 detenninations. 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 pennit, 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 perfonnance standards established for the Planned Development zoning district. The Planned Development zoning district is intended to provide a retail/service commercial area and the proposed martial arts studio will help to further this intent. G. The approval of this Conditional Use Pennit 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 Pennit 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 P A 04-030 Sky Martial Arts Conditional Use Pennit 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. 2 CONDITIONS OF APPROVAL: Unless stated otherwise. all Conditions of Approval shall be complied with prior to the issuance of building pennits 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: rPLl Planning. [Bl Building. rpO] Police. [PWl Public Works [ADMl Administration/City Attorney. rFINJ Finance. [Fl Alameda County Fire Department. rDSRSD] Dublin San Ramon Services District. [COl Alameda County Department of Environmental Health. GENERAL CONDITIONS 1. Permit Validity. Approval of this Conditional Use Pennit 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. Revocation. The Conditional Use Permit will be revocable for cause in accordance with Section 8.96.020.1 of the Dublin Zoning Ordinance. Any violation of the tenns or conditions of this approval shall be subject to citation and ossible revocation. Compliance. The Applicant/Property Owner shall develop this project and operate all uses in compliance with the Conditions of Approval of this Conditional Use Pennit and the regulations established in the Zoning Ordinance. Any violation of the tenns or conditions specified may be sub' ect to enforcement action. Hours of Operation. Hours of Operation for the martial arts school and youth center shall be from 9a.m. to 9p.m. Monday through Friday and 10a.m. to 6p.m. on Saturdays and Sunda s. Class size and employees. The combined maxImum number of students and employees shall be limited to a total of 25 eo Ie at an one time. Parking. Employees shall utilize the parking in the rear of the sho m center when ever ossible. NoiselNuisance. The Applicant shall control all activities on the site so as not to create a nuisance to the surrounding businesses and residents. No loudspeakers or amplified music shall be pennitted to project or be placed outside the buildin . Minor amendments. Modifications or changes to this Conditional Use Pennit approval may be considered and approved by the Community Development Director, if the modifications or changes proposed comply with Section 8.100.080, ofthe Zonin Ordinance. 2. 3. 4. 5. 6. 7. 8. 3 PL On-going Standard PL On-going Standard PL On-going Standard PL On-going CUP PL On-going CUP PL On-going CUP PL On-going CUP PL On-Going CUP 9. Property Maintenance. The property shall be maintained in accordance with Section 5.64, Property Maintenance of the Dublin Munici al Code. 10. Building Codes and Ordinances. All project construction shall confonn to all building codes and ordinances in effect at the time of build in ennit. II. Building Permits. To apply for building pennits, the Applicant shall submit five (5) sets of construction plans to the Building Division for plan check. Each set of plans 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 lans. 12. Construction Drawings. Construction plans shall be fully dimensioned (including building elevations) accurately drawn (de ictin existin and ro osed conditions on site). 13. The project shall comply with the California Building and Fire Codes as ado ted b the Cit of Dublin. 14. Exit doors shall be openable from the inside without special 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 Code. 16. A Knox box shall be provided at the main entry door. The Knox box shall contain a key that provides access to the tenant space. Order fonns 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 tenant s ace. 18. A Fire Department inspection is required. 19. The applicant shall comply with all applicable City of Dublin Non Residential Securit Ordinance re uirements 20. The Developer and/or Property Owner shall keep the site clear of graffiti vandalism on a regular and continuous basis at all times. 21. The Applicant shall complete a "Business Site Emergency Res onse Card" and deliver to the olice. 4 B B B B F F F F F F PO PO PO On-going Standard Through UBC Completion Issuance of CUP Building Pennits Issuance of CUP Building Pennits On-Going CUP On-going CUP On-going CUP On-going CUP On-going CUP Finalizing CUP Pennit On-going CUP On-going CUP On-going CUP PASSED, APPROVED AND ADOPTED this 10th day of May 2005. AYES: Chair Schaub, Cm. Biddle, Fasulkey, King, and Wehrenberg NOES: ABSENT: ABSTAIN: N ~aw> - Planning Commission Chairperson ATTE.S..T: iI J J ~ "db~,~ Community Development Department Director G:\PA#\2004\04-030 Sky Martial Arts\PC Reso.doc 5