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Home My WebLink About05-029 Fremont SwimSchl CUP AGENDA STATEMENT PLANNING COMMISSION MEETING DATE: August 23, 2005 SUBJECT: ATTACHMENTS: l. 2. 3. 4. 5. RECOMMENDATION: l. 2. PROJECT DESCRIPTION: PUBLIC HEARING: Quasi Judicial - PA 05-029 Fremont Swim School Conditional Use Permit to operate an Indoor Recreational Facility in the Light Industrial (M -I) zoning district and to permit the use of off-site parking to help fulfill the parking requirement for this use. Report prepared by: Jeff Baker, Associate Planner ~ Resolution approving a Conditional Use Permit Vicinity Map Written Statement Project Plans Off-Site Parking Agreement 3. 4. Open the Public Hearing; Receive Staff Presentation and Take Testimony from the Applicant and the Public; Close the Public Hearing and Deliberate; and Adopt a Resolution (Attachment I) Approving a Conditional Use Permit for the Fremont Swim School to operate an Indoor Recreational Facility in the Light Industrial Zoning District. The project site is located within an existing building at 6948 Sierra Court. The property is zoned Light Industrial (M-I) and has a General Plan Land Use Designation of Business Park/Industrial. The City of Dublin Zoning Ordinance classifies an indoor pool as an Indoor Recreational Facility (Chapter 8.08.020). Approval of a Conditional Use Permit by the Zoning Administrator is required in order to operate an Indoor Recreational Facility in the Light Industrial (M-I) zoning district (Chapter 8.12.050- Commercial Use Types). However, the Zoning Ordinance (Section 8.128.040.E) permits the Zoning Administrator to refer hearing jurisdiction to the Planning Commission. The Zoning Administrator has referred this item to the Planning Commission for action. The Applicant requests approval of a Conditional Use Permit to operate an Indoor Recreational Facility in the M-I zoning district. The proposed facility will include a 3,562 square foot (s.f.) pool area, 168 s.f. office and a 1,924 s.f. warehouse, and related improvements (Attachment 4). R-Development Photo Lab Unit occupies the remaining 3,000 s.f. tenant space in this building. ANALYSIS: A Conditional Use Permit is required in order to operate an Indoor Recreational Facility in the M-I Zoning District. The Conditional Use Permit process allows the City to place conditions of approval on COPIES TO: Applicant In-Honse Distribntion ITEM NO. <6.'2 G:\PA#\2005\05-029 Fremont Swim School Center\pcsr 8.23.05.doc the project to ensure that the operation of the proposed use is compatible with 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. 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 believes that the project is consistent with these findings based on the discussion below and based on the draft findings as presented in the attached Resolution (Attachment I). Operating Characteristics: The Fremont Swim School provides personalized swim lessons for youths and adults. The school typically operates 2 to 3 classes at a time with class sizes limited to 4 people per class. The school will have 20 part time employees with approximately 5 employees working at any given time. The proposed school would operate Monday - Thursday from 3pm to 8pm, Saturdays from 9am to 2pm with occasional events on Sundays. During the summer months (June - August) the school will operate Monday - Friday from lOam to 8pm (Attachment 3). Parking Analysis: The City of Dublin Zoning Ordinance contains off-street parking requirements by use type. An Indoor Recreational Facility is required to provide one parking space per 150 square feet of pool area, plus I per 250 square feet of office area (the warehouse, locker and dressing rooms are not considered for parking purposes) (Chapter 8.76.080.D). As previously stated, the proposed pool area is approximately 3,562 s.f. and the office area is 168 s.f. Therefore, the Zoning Ordinance parking requirement for the Fremont Swim School is 24 parking spaces. As previously mentioned, The Fremont Swim School will share the building with an existing photo lab. A multi-use project, such as the project site, 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 29 on-site parking spaces are required for this center based on the existing and proposed uses (see Table I below). However, only 23 on-site parking spaces are provided - a shortage of 6 parking spaces. Table I - Parkin Use Fremont Swim School R-Development Photo Lab Unit The Zoning Ordinance (Chapter 8.76.050.C) allows the required parking to be located on an adjacent parcel pursuant to a Conditional Use Permit. Off-site parking may be granted if: 1. The Conditional Use Permit findings can be made; 2. The most distant parking space from a non-residential use type is not more than 400 feet; 3. Additional documents or agreements as may be deemed necessary by the Director of Community Development are executed to assure that the required parking spaces are provided; 4. The parking lot site is not located in a residential zone; and 5. The parking lot site is not within a road easement or private street. 2 The Applicant has obtained an Off-Site Parking Agreement that grants the use of parking spaces on the parcel immediately to the north of the project site at 6958 Sierra Court (Attachment 2). This off-site parking agreement grants use of IO out of 41 parking spaces at this location (Attachment 5). The most distant parking spaces on the adjacent parcel are approximately 300 feet from the project site. American Label Company is in the process of purchasing the 23,994 s.f. building at this location and will be the sole tenant. The American Label Company will utilize a 2,800 s.f. office and a 21,194 s.f. warehouse. Therefore, the American Label Company will require 28 parking spaces. This will result in 13 excess parking spaces (41-28=13 spaces) at this location. Therefore, excess parking is available for use by the Fremont Swim School. The combination of on and off-site parking spaces will make a total of 33 parking spaces available for use by The Fremont Swim School. The available parking exceeds the anticipated parking demand by 4 spaces (33-29=4 spaces). Condition 6 has been included which requires the Applicant to have an off-site parking agreement with the current property owner at 6958 Sierra Court prior to issuing a Building Permit for tenant improvements and maintain such an agreement for the duration of this Conditional Use Permit. This condition further requires the school to replace any off-site parking spaces should the property at 6958 Sierra Court be sold or the use intensifies. Condition 7 has been included which requires the Applicant to post signs in the parking lot at the project site directing overflow parking to the lot at 6958 Sierra Court. Project Design and Development: The Applicant proposed to make tenant improvements to the interior of the building. These improvements will include the indoor swimming pool, changing rooms, an office area and related improvements, and the addition of new exterior doors to meet eX¡(lllg requirements. No further improvements to the exterior of the building are proposed. The Applicant is required to obtain a building permit for the proposed improvements. Review by City Departments: This project was reviewed by other City departments and interested agencies. Any special requirements have been incorporated as conditions of approval of the attached Resolution (Attachment I). 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 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 open the public hearing; receive Staffs presentation and take testimony from the Applicant and the Public; close the Public Hearing and Deliberate; and adopt a Resolution (Attachment I) approving a Conditional Use Permit for the Fremont Swim School to operate an Indoor Recreational Facility in the Light Industrial Zoning District. 3 GENERAL INFORMATION: APPLICANT: Matt Alberti, Freemont Swim School, 42400 Blacow Road Unit B, Freernont, CA 94539 OWNER: Brad and Cynthia Brown, All American Label, 6948 Sierra Court, Dublin, CA 94568 LOCATION: 6948 Sierra Court EXISTING ZONING: Light Industrial (M-I) 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). 4 RESOLUTION NO. 05 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING A REQUEST FOR A CONDITIONAL USE PERMIT TO OPERATE AN INDOOR RECREATIONAL FACILITY IN THE LIGHT INDUSTRIAL (M-l) ZONING DISTRICT AND TO PERMIT THE USE OF OFF-SITE PARKING TO HELP FULFILL THE PARKING REQUIREMENT FOR THIS USE AT 6948 SIERRA COURT (APN 941-2756-005) P A 05-029 WHEREAS, Matt Alberti, the Applicant, has requested approval of a Conditional Use Permit to operate an Indoor Recreational Facility (indoor swirnrning pool), and to permit the use of off-site parking to help fulfill the parking requirement this use in the Light Industrial (M-l) zoning district at 6948 Sierra Court; 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 July 12, 2005; and WHEREAS, the Applicant has provided an off-site parking agreement to permit the use often (10) parking spaces located on the property at 6958 Sierra Court; 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, 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, the Zoning Administrator may hear a request for a Conditional Use Permit to operate an Indoor Recreational Facility in the M-I zoning district; and WHEREAS, the Zoning Administrator has referred hearing jurisdiction of this item to the Planning Commission; and WHEREAS, a Staff Report was submitted outlining the issues surrounding the request; and WHEREAS the Planning Commission held a properly noticed public hearing on said application on August 23, 2005; and WHEREAS, the Planning Commission did hear and consider all said reports, recommendations and testimony herein above set forth and used their independent judgment to make a decision; and WHEREAS, the Planning Commission has found that the proposed project is appropriate for the subject site. G:\PA#\200S\05-029 Fremont Swim School Center\pc reso 8.23.05.doc ATTACHMENT NOW, THEREFORE, BE IT RESOL VED THAT the City of Dublin Planning Commission does hereby make the following findings and determinations. A. The proposed use and related structures are compatible with other land uses, transportation and service facilities in the vicinity because it is located within an existing building and the existing on and off-site parking is adequate to serve the existing, proposed and future 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 no recognizable negative impacts, including requiring hazardous materials to be stored in compliance with the California Fire Code and the Alameda County Department of Environmental Health Certified Unified Program Agency (CUP A, including submitting a Hazardous Materials Business Plan (HMBP).. 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 will be operated completely within an existing and enclosed building. D. There are adequate provisions for public access, water, sanitation, and public utilities and services to ensure that the proposed use and related structures would not be detrimental to the public health, safety, and welfare because the proposed use will be operated completely within an existing building that is serviced by all appropriate utilities and infrastructure. E. The subject site is physically suitable for the type, density and intensity of the use and related structures being proposed because the existing roadway network leading to the site and the availability of existing on and off-site parking is adequate to serve the proposed use. F. The proposed use will not be contrary to the specific intent clauses, development regulations, and performance standards established for the Light Industrial (M-l) zoning district. G. The approval of this Conditional Use Permit is consistent with the Dublin General Plan and will provide a service to the community that is consistent with the intent of the Industrial/Business Park General Plan Land Use designation. BE IT FURTHERED RESOLVED THAT the City of Dublin Planning Commission does hereby find the following requirements for off-site parking can be met: A. The Conditional Use Permit findings can be made. B. The most distant parking space from a non-residential use type is not more than 400 feet from the use. The proposed off-site parking spaces are located a maximum of 300 feet from the project site. C. An Off-Site Parking Agreement has been executed to assure that the required parking spaces are provided to the principle use for the life of the agreement. D. The parking lot site is not located in a residential zone because it is located in the Light Industrial zoning district. 2 E. The parking lot site is not within a road easement or private street. BE IT FURTHER RESOLVED THAT the City of Dublin Planning Commission does hereby approve PA 05-029 The Fremont Swim School Conditional Use Permit to operate an Indoor Recreational Facility located at 6948 Sierra Court, APN 941-2756-005 and permit the use of off-site parking spaces to satisfy the parking requirement. The project approval shall be subject to compliance with the following Conditions of Approval for a Conditional Use Permit: 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: rPLl Planning, rBl Building, rpOl Police. rpWl Public Works rADMl Administration/City Attorney. rFINl Finance. rFl Alameda County Fire Department, rDSRSDl Dublin San Ramon Services District, rCOl Alameda County Department of Environmental Health. CONDITION TEXT RESPON. WHEN SOURCE . AGENCY REQ'D Prior to: GENERAL CONDITIONS 1. Permit Validity. Approval ofthis 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 revocable PL On-going Standard for cause in accordance with Section 8.96.020.1 ofthe Dublin Zoning Ordinance. Any violation of the terms or conditions of this approval shall be subject to citation and possible 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. Activities of the Fremont Swim PL On-going CUP School shall be limited to the activities listed on the Applicant's Written Statement dated received on May 4, 2005. Any other events and activities proposed by the school shall first be subject to review by the Community Develonment Director. 5. Outdoor Events. Any outside events shall be subject to the PL On-going Standard Temporary Use Permit requirements contained in the City of Dublin Zonim, Ordinance. 3 CONDITION TEXT 6. Parking. Applicant to provide a total of 29 on and off-site parking spaces for the existing and proposed use at the project location. Off-site parking spaces are to be provided at 6958 Sierra Court. The Applicant shall have an off-site parking agreement with the current property owner at 6958 Sierra Court prior to issuing a Building Permit for tenant improvements and shall maintain such an agreement for the duration of this Conditional Use Permit. In the event that the adjacent property at 6958 Sierra Court is sold or the use intensifies while this Conditional Use Permit remains valid, the school will be required to replace any off-site parking that is lost in kind, or reduce the occupancy accordingly. Parking. The Applicant shall post signs in the parking lot at the project site, to the satisfaction of the Community Development Director, directing overflow parking to the lot at 6958 Sierra Court 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 permitted to project or be placed outside the building. Sigus. Any signage on site shall be subject to the sign requirements contained III the City of Dublin Zoning Ordinance. Food Preparation. No cooking or other food preparation that would reqUire the approval of Alameda County Environmental Health Services is hereby approved. In the event that food preparation is desired, the Applicant shall submit a written request, subject to review and approval by the Community Development Director. The Applicant will also be required to receive proper approval by Alameda County Environmental Health Services prior to commencing food preparation. Minor amendments. Modifications or changes to this 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 Zoning Ordinance. Fees. The Applicant shall pay all applicable fees in effect at the time of building permit issuance, including, but not limited to, Planning Fees, Building Fees, Dublin San Ramon Service District fees, Public Facilities fees, Tri Valley Transportation fees, Downtown Traffic Impact Fee, Dublin Unified School District impact fees, Alameda County Fire Services fees, Noise Mitigation fees; Inclusionary Housing in lieu fees, Alameda County Flood and Water Conservation District (Zone 7) Drainage and Water connection fees. When and if applicable and customary, credits shall be applied for existing improvements. Property Maintenance. The property shall be maintained in accordance with Section 5.64, Property Maintenance of the Dublin Municipal Code. 7. 8. 9. 10. 11. 12. 13. 4 RESPON. AGENCY PL PL PL PL PL PL B B WHEN SOURCE REQ'D Prior to: Prior to CUP Issuance of a Building Permit! On-going On-going CUP On-going CUP On-going Standard On-going CUP On-Going CUP Issuance of Standard Building Permits On-going Standard CONDITION TEXT RESPON. WHEN SOURCE AGENCY REQ'D Prior to: 14. 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 building permit. 15. Building Permits. To apply for building permits, the B Issuance of Standard Applicant shall submit five (5) sets of construction plans to Building the Building Division for plan check. Each set of plans shall Permits 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 plans. Applicant/Developer will be responsible for obtaining the approvals of all participating non-City agencies prior to the issuance of building Dermits. 16. Construction Drawings. Construction plans shall be fully B Issuance of Standard dimensioned (including building elevations) accurately drawn Building (depicting existing and proposed conditions on site), and Permits prepared and signed by a California Licensed Architect or Engineer. All structural calculations shall be prepared and signed by a California licensed Architect or Engineer. The Site Plan, Landscape Plan and details shall be consistent with each other. 17. Addressing. Address will be required on all doors leading to B Occupancy Standard the exterior of the building. Addresses shall be illuminated an.d . be able to be seen from the street, 5 inches in height minimum. 18. Accessibility. Due to the change of Occupancy type of the B Occupancy/ CUP tenant space, the tenant improvement and the site shall be On-going made to meet the accessibility requirements of title 24 part 2 of the California Code of Regulations. No hardship aDDrovals mav be granted. 19. Occupancy Limit. The occupancy of the tenant space shall B/F On-going CUP be restricted to less than 50 persons. An occupancy sign shall be posted in the lobby entrance way and at other locations as determined by the Fire Marshal. 20. Exiting. The warehouse shall be provided with a direct exit. B Occupancy CUP All exits shall be accessible and lead to the public way as required in the California Building Code. 21. Provide a one hour occunancv seoaration for the pool equipment. B Occupancy CUP 22. Exitin!!. Provide an exit at the farthest west portion of the space. F Occupancy CUP 23. Stora(e. No high oiled stora!!e is nermitted in the space. F On-going CUP 24. Hazardous Materials. Any hazardous materials (pool chemicals) F On-going CUP shall be in compliance with the Califomia Fire Code and Alameda County Department of Environmental Health Certified Unified Program Agency (CUPA), including submitting a Hazardous Materials Business Plan ŒMBP). 25. Exit signs and emergency lighting shall be provided as F Issuance 0 f CUP required by the CBC Chapter 10. Building Permits 5 CONDITION TEXT RESPON. WHEN SOURCE AGENCY REQ'D Prior to: 26. Ifkey locking hardware is used on the main door, provide a F On-going Standard sign above the door stating, "THIS DOOR TO REMAIN UNLOCKED DURING BUSINESS HOURS". Otherwise the exit doors shall be openable from the inside without special knowledge or effort and have lever or panic hardware (~anic hardware from the assemblv area), CBC 1003.3.1.8. 27. Provide 2A I OBC fire extinguishers, in locations approved by the F Occupancy/ CUP Fire Department, in the space. An approved sign in accordance with On-going the Uniform Fire Code shall be conspicuously posted above the extinl':uisher. CFC 1002 28. A Knox box shall be provided at the main entry door. The F On-going Standard 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 nlaced in the box during the Fire Denartment insDection. 29. Approved numbers or addresses shall be placed on the tenant F On-going Standard space in such a position as to be plainly visible and legible from the street or road ftonting the property. Said numbers shall be nlaced on a contrastinl': background. CFC 914.4.4. 30. The project shall comply with Uniform Building and Fire F Final Standard Codes as adonted bv the City of Dublin. 31. Provide an accessible concrete walkway from the public PW Occupancy Standard sidewalk on Sierra Court to the building entrance per California Building Code requirements. Said walkway shall be 4' minimum width with compliant curb ramps at transitions between the walkway and the drive aisle crossings. Note that minor adjustments to the existing landscaping and irrigation systems will be necessary to install the walkway. 32. Applicant shall provide adequate disabled parking stalls with PW Occupancy Standard at least one "Van Accessible" stall. Please assure that the pavement slopes do not exceed 2% in any direction. All required disabled stalls should meet the current Title 24/ADA standards. 33. Provide photometric calculations for the existing parking lot PW Issuance 0 f Standard and around the building that demonstrates a minimum foot- Building candle lighting level of not less than 1.0 at the ground surface Permits for the adj acent parking area; if this cannot be verified I Drovide additionalli!!hting where necessarv. 34. Applicant should repair any distressed areas of pavement PW Occupancy Standard within the existing parking field, then seal and re-stripe the narkinl': field. 35. The Applicant shall comply with all applicable City of PO On-going CUP Dublin Non Residential Securitv Ordinance requirements 6 CONDITION TEXT RESPON. WHEN SOURCE AGENCY REQ'D Prior to: 36. All entrances to the parking areas shall be posted with PO On-going CUP appropriate signs per Sec. 6.04.200 of the City of Dublin Municipal Code, to assist in removing vehicles at the nronertv owner's/manager's request. 37. The Applicant shall keep the site clear of graffiti vandalism PO On-going CUP on a regular and continuous basis at all times. 38. The Applicant shall work with the Dublin Police on an PO On-going CUP ongoing basis to establish an effective theft prevention and securitv nrogram. 39. A "Business Site Emergency Response Card" shall be filed PO Issuance 0 f Standard with the Police Department commencing with the initial Building phases of construction. Current information shall be Permit maintained until the comDletion of the nroiect. 40. Prior to issuance of any building permit, complete DSRSD Issuance of Standard improvement plans shall be submitted to DSRSD that Building conform to the requirements of the Dublin San Ramon Permits Services District Code, the DSRSD "Standard Procedures, Specifications and Drawings for Design and Installation of Water and Wastewater Facilities", all applicable DSRSD Master Plans and all DSRSD Dolicies 41. Prior to issuance by the City of any Building Permit or DSRSD Issuance 0 f Standard Construction Permit by the Dublin San Ramon Services Building District, whichever comes first, all utility connection fees Permits including DSRSD and Zone 7, plan checking fees, inspection fees, connection fees, and fees associated with a wastewater discharge permit shall be paid to DSRSD in accordance with the rates and schedules established in the DSRSD Code. 42. No sewer line or waterline construction shall be permitted DSRSD Issuance of Standard unless the proper utility construction permit has been issued Building by DSRSD. A construction permit will only be issued after Permits all ofthe items in Condition No.9 have been satisfied. 43. The Applicant shall hold DSRSD, its Board of Directors, DSRSD On-going Standard commissions, employees, and agents of DSRSD harmless and indemnifY and defend the same from any litigation, claims, or fines resulting from the construction and completion of the Droiect. PASSED, APPROVED AND ADOPTED this 23rd day of August 2005. AYES: NOES: ABSENT: ABSTAIN: 7 ATTEST: Planning Manager Planning Commission Chairperson 8 U, ~/ IU / 'tY /Y14f7 ?~e;e-r S I rl: (CAc.(-ß S/e;uA. f!..r?~r(..(') f!)¡::P",S, n:. P~K. µ(y (I.'1S'b <SI~ Løu,e.r) tJTACHMENT ¿ F~~r ~WI ~O'-' (PA.- 05-D"ZQ) FREMONT SWIM SCHOOL, INC. 42400 BIacow Road, Unit B Fremont, CA 94539 Ms. Jeri Ram Planning Manager City of Dublin 100 Civic Plaza Dublin, CA 94568 RE: Application for CUP fOT Fremont Swim School, 6948 Sierra Ct. Dear Jeri: As owner of Fremont Swim School, Inc., I am currently under contract to acquire the property at 6948 Sierra Court, Dublin, which is the subject of this application. The school was started approximately 30 years ago by my parents as a personalized swim lesson school for youths and adults in the general Fremont area. Approximately 10 years later, a second school was added in Livermore, and IO years after, a third school was added in Newark. I now solely own and operate all three schools. The operation in Livermore was originally a seasonal operation, but a new building was built there approximately 4 years ago, which has now resulted in a full time operation. It has always been a hope and desire of Fremont Swim School to be able to add an operation in the Dublin area, as that would logically meet our advertising and clientele area by drawing youths and Adults from the Dublin/San Ramon area. The operation is generally from 3:00 p.m. to 8:00 pm. Monday - Thursday and from 9:00 A.M. to 2:00 P.M. on Saturdays. There is little or no operation activity on Sundays other than for a few periodic birthday parties. During the summer period from late June until the end of August, we will have enlarged hours of operation from approximately 10:00 A.M. to 8:00 P.M. Each school employees approximately 20 part time employees under the supervision of an experienced staff member. These employees are hired to be swim instructors and are generally young men and women with swimming backgrounds who are able to obtain local employment in ATTACHMENT 3 RECEIVED MAY 0 4 'l(Œ' OUB~M51~?-~ Page 2 a good work enviroument. The training and regiment, which is generated through the school is extremely valuable to the personal development of these individuals. Many of the teachers have gone to illustrious athletic opportunities, such as competing in the Olympics, high school and college coaching jobs, as well as becoming significant and upstanding members of our community. It is anticipated that the Dublin facility school will hire approximately 20 young individuals when it begins operation. The school usually has about 5 employees on staff at any given time. Typically we will operate 2-3 thirty minute classes at one time, comprised of not more than 4 students per class. The parking requirement should not exceed 15 to 17 cars at one time. Even at maximum change over times, when one class leaves and others are about to begin, it is anticipated that there will not be more than 20 cars present. On site parking for this building will be approximately 22 spaces once the fenced yard on the north is removed and the lot restriped. In addition there are approximately 7 spaces on the street immediately in front of the building. The maximum number of individuals we could have on site is 40 (4 students x 4 classes = 16 + 4 instructors =20 + 16 parents +2 supervisors = 38). It is not typical that we would reach this capacity on a regular basis. Safety is of the utmost concern to Fremont Swim School. All of our students are supervised at all times. When, and if, a roll up door is open, gates are used to prevent entrance or exit. Additionally, there are 2 supervisors on deck at all times. The Fremont Swim School is very excited about the prospect of moving into this location and begin their operations in the City of Dublin. We respectfully request that this matter be processed as rapidly and directly as possible, so that we can move along pursuant to the terms and conditions of our Purchase Agreement. Respectfully, FREMONT SWIM SCHOOL, INC. #?:'!ifi¡¡¡~-+jØ';{ã"'~~"~..''rr'~'W-;'~W;'~-~~'¡ REVJSICNB BY -----. -~,.,--~~~. -~- -- ..,,-~ - '.....~~ ',,_. AL TEHA/iT INFffO\lE/1ENT /CLI.F FLAf'/5 6948 BIER DU -- '.~----'-"'~"'''-''''->--''-''-'','''~~_.,-'<''''-'''''''''-'''''-.--',..-.-,.---....--,... .' I , o H!fer! ?ller{.--~FR¡:~ONT$WIM SCHOo!." IN:C. k "1 ../1- 11 .[ . 42490·~!AC.OW ¡¡D. FflliM(¡NT. CA g'$$ ¿t'PIJI/4?rt· If¡ '$fl/ rI-/Þern <;It> /Ý¿W ~1 ~>,w 6rbv¡",: .T-'I'/(;'. 1t,'tI7:J,l rrt;!/4Mj: /;'f!lvc¡' l:r?:!.J7IOI'Jt ,~A '71:?Jff$ t:?!lJ)¿.51-8ß81 ?~x."..J>' //6'1 - 52' x lfe!' \;; 5r,;«()lt ..,3'J'ì< 17-::: IN'! 1;(1 :¿:Ìt £!l'H/;!.f¡): /')76 ft 'fÇ /¿Jj<f /1 , JUL 1 2 200 . \ . C:I>~ìrl ~!.ANI'i G -~ ATTACHMENT L¡- '\ /. Ii~ ::J .~: OZ' o :¡), ~~ ~C\! LLI ..... en ¡Q) ¡~ œ i~ "'~ ¡~¡ \, ~ ' ~LQ ">t~ \ ~ .~~ ~ g ~ ~ « ~ -~MJ.P:.7-' MAR)( 0 OlJaNEY M$OO.AtA. ' 3.nOWUlWI',VL (¡AI(:1A1U),(;Af.X(;UVZI, MI¢I.t;\2AIH DRAWN CHeCKec .JOB NO. SHE¡:¡:"- Ao OF (;; "ff! SHeETS --~.¿,~:. ..··'I:!:x<?!I'~~~:~~c~;~:~.. ¡T '~'M-f~=-~-"~=>--¡-===-~= "___ _ ". .. .. !:::>t..D¡;;¡. I ^-HD f b-v:z" !:.'J!-FIC::.: '-'I' :t-t""V~'I' Pf'.IKk. Gf</'¡~~ PDCÞ:. b"i../.::" \ ' ,¡-r-' ;>. 'I , " I ' . ,. 7---'-~ _ ¡ NO. IAI:Z~~=·~-t 1:::'1!'~:~9I~..'! ~;~~r:::.l!::~~_~ft.-0 ~fk'::' 1 V'r¡' '¡:;,~! it? I/';S;~! c., 14"1'-" ¡ ¡ /)6 I w=-: " " ",_ . ""- "~¿O""'¡-::$;,.___::~_i~~,'L~___-=J__,..l_~..=~__:;_L~':-_ .....,... . -'.' I J..',._..< 1- . ":' Ç¡:i "....., ..', .. "';"-¿ Bg,~t'i¡§ ">. "'~ 1l.w\!~\. . """ ". ,.:t., -~.:z.~' .Ii ....... . -. . "-'1, .~t-1t ,f!:. ..... .... .......> ~ ,1 ';,/. ~M.:~! ~¡Ii. ~ ........ y /" (." ,'~4~!'! ,,... íJ. -~, ......... ""- l'·ì...... .~ .~.., .: ''iF- J 'i-,,¡,: '. <,"-;.... -kt. '.' ~ 11'. .~ ........ ....... "./!~Ì'i ¡' I: J ~L '0' ... ............ >-- i:;;'i~:J~" ~. ;"1.I1J¡':~' :!i&¡. " . """-Ai: '"0,,~ \:';{ 1-& ._~' : . 'In¡;:-iJlfJiìì''' ¡ ';, -. ij .:.J.. . I í I ....... ''¡;~I''~:!'I~ . !i'- - . . . '"",- 'I... ¡.>%~ ~ "nt. ., ¡, I . 1':",-,... ';i.' ,,·P. 1-..: '-J " .,...\-" '-->-" ; 1" -~i '.... ~ '>t-.{J¡ j/fì'. ·"-·""~'~=t~~.·!:"L...~."..._ . j'~':' _ 't ~,.J: ~" . .. ~_._- ........-!.~!.'" " :I'·J 11"';.,,;1' ,I'ì. ~ . ' . '-:. "" I'! ,,:!.... I'i)'t. "-it. N't :~,. '~ II; 'I tl' ¡~ t, ' 1;:1 " L.i~i'¡' ':i;t'~, ~~( ~ I 'I! { ::illiI4u.1i~ l.-~í''-...~-,Ä.....J ¿ . Qg f; ;.j.:4;i/!"'t . 7 ,'f"'~'?;1 ..;;--- 01 .>..,-..~ ^', ~,~ I, ; ~~:}>;, 'I -'«/~:fr\ fl" : ¡:£ ' ~J' , _ ~'k.; f,l ~ ¡ . n,-,,,,,·tcl rffi1]l~ . ! I r¡:1 ! iT 1,:. i{fir¡ i i.li "I ... ~._~;J._ ..~ 'I +" I "-i/j i. --;~. ".1 '_1- I :,-" '¡ - t, ¡ I I' L' ¡ : I -i~J-I' )7>':1' ,II iJ¡!t1i'i"')'. J ' ¡ '...... _....--- I ; I ¡. " ! i /'r, ! ! f II h ¡ I .1.. ..,',,?}(,-&" / .,fJ, ........ .,,- "........ ..../ ...,.... '. . ., .1 'I .--------.- -;y .~- . t ,i) I. t.li '-, iY '~. :11 w t- \'L <aá . u:- ri. lJ'ill \9iñ ¡\, î ,'--'-- I -- --. -. -- -:~ 02 0- u> K I- I\( I, :; ~ '~ \'; "I \1\ (t) « ~ iI(: IV -, wi REVISIONS BY ~ ItU :3 CO -0 Z OJ m III ... fI) CD ~ en Q) g~I'" .,..;¡; ..J¡) gi¡f~ š§!:<! (Q fiï ~ ::s1Ji¡! §Sós- m,'cr ië. ....~:i lSH :;111!¡j &!~\?' ~fJl!B DRAWN CHECKED A r / OF .JOB NO. SHEET /_ if SHeaTS "A .,.____..A'--'"""' '_',,-,"";-.""-'-::' I ~.'''''''__'.:/~''''- ..,..,_.......~~ "~'cJ"^',' "...... _~_N l-\II' t!aw~~ J""<~''-~'''''''''''''''''''_'''' '-~. ," "'''-'''''~t-''''' ,....... '¥~~ ~'~"~"'''''''Jío.:'~~.....~...........~....,.~~~~..:~...,~..~,...,~,,___ ~~. ,. ~, ..~~~~:."","¡~~:A.Ii~~---"""""-"--'~- ~ \'¿ "\ ~< "'" 'J 2- ~ - '(3 ç, ~ ~ j .. 'J I / ,-h; ". .~+ R;;pair any Jis(ress<.;d p;;t\'....·mçIll \\-'¡"in th(: J,,:xisling parking lidd, $t.';.d, II;>.urÎpl' l'mvîdt: adçqw.lk, a~(;es5ibk parkíng -l.'urr~1H fith:- :24/ADA $[tJ.l1dards- including one- Van At.:CC5SH)k st'-lU! pi.l\'cn1c-nt n0t to exceed 2% slope in any dîrc~tion ~OK. -0" ~/f '~. /} }) <1 .....". Requcsted Inforrnation on 'j·~nant (i) ~ImQ; CU$tom Phútograplw.: Professional Photo Lab / CU$hmi PW(;ç;O:¡$ OWHèr OC(;Up<int::;. No CÜD)pan~1Lc:~ }JWl f arc:! . (i ProJudi,m Area 1,000 squan:: tee\ \Vmchüu~c An:a 965 s"luar~ t~d ß¡f,p \ \\ \ \ " Ofik..: Art:a250 -sqlwre feet {/Ù.f/ -~ " .;: "'fY' Oc~up(tnç.y .s P:\# 05-02Y FREMONT SWIM SCHOOL 6948 Sierra Com1 The aœ8:, in whic,h the propo5~d pol1J and aS$o(:i~l~d d\:d; ,:f0 sìtu¡w.3d, ba~ lh~ tollowing dimensions: 68'- 6" x 52'· on tùmlìng 3.562 sQUllJ:t: f~d. The $'1u<1n: footage of tile pool is 1,976 (one thousand nine hundred SèVCilly six). 11)(; square ¡¡)ot~ge of the deck is J ,586 (olle thoUS¡)J1d five. hundred eighty six). j -7"·:J./ II /1 /() ~~ø '''i~ 'I of/7/-L_ /btJ P 56' '0" -+ :7Z. * .:>j ...1 1 :)t~:.Ú.04, :;;':4- :þ . ................',. ,.....~,......~._,- .-~'.. 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" '!. . \4,""IA ~ ~ '""'f.....: ... .t.~'f....Ioy...¡¡.. ,v.....~....,.(..~ rr::.. '~(.o1..:.Jt. u.~~(,.'....,. . . ,. . .. . . ., . CC 0, , , ' $;li . . .. .' , . > ~ . "t-t.'1'''.AA''.'I(''~~.~~:~'()I'~~''''t\,,:¥.:..r*'\f.~''.''.''.~ . ...,,-<,......."'¥'y.·.t~...·"'.1r'~~~~,.....I,o....-.I.t'\ol~~.~Vr ~ OW '7 , .;: (,.,.., : ... ~N.~~'ü:ty-"'~~\~~"..y;)<.rt"x-='1t;,'}'~l1t...:t.~"!'.réy;.¡~Y'P........~Y;þ~ ......'"':..-'I'I'............~~~\ , (9'·~·";1 . ("",;0 '/ ~ j',',~,~ \.'~:) .LEGE,N.D -r~""...,,.-,I C===:I REVISIONS BY ~~ :;J.. OZ OJ ~~ etO þJ d~¡¡ .... p: q;~ ()g ~i fX) ð~ i I/) lJ! ~ ¡¡¡;u.¡:: .. S!;g~ "~ ~~; "" ;;Z F VI ~ Û\ ~ CO Œi~ €j DRAWN CHECKED SHeET If! 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S"- /<ß¢o;(' :S ,11' e.. },5"1 Sf,.) yt -'" 3,r-? 'I:/¡ ;;:15 "- ~ ó¿: .¿ TI#'.ieJ;?- Ø"(C; / I . /11f :..: ¡ B\ 1-tv", ,qZ/¡;;:: PAGfo / OF .I .> ;; Q' & 'T/HU t!? '7ifÞ ~_ ,J ~~J.l --#_,,---.-. ... * . , ....-'1'. ø,bit> JfiR'V~ ;{ - "J '! maUifi n Sf mm)Ul:P.G~- ~ '<1""'0 \. . . ,... " ~*'V.W4'W""_""~'''_''"'_''''M''''''_'~_",'_''~:'-'~>~~ _____.___._~__~__."_"_....._._~L~_~u~..~_.._..~..~.._...._._...,... , , .... , -; , ~ " "' ---,.-L..2::1¿_____'''-r- -'-.-.. '._-"----" ---.- -".-- ~..~~ ;zo'".. 0 I , " /~!...o" L; ~ ~ - .~! ¡", ... f\J ...1 ~ ,. .l1/l11.. ~,- þ . ~ ... I \i\ þ.....-r- fj// -_JH~~'~'7~4'" "~,'" '~---..,,' ".."" ."',_~, ~'. ' "',u' ...,""~...... .-.'-' V~""'''' 4,4..",.. "'."-~ ~~, '............~ ~,-~, '. ,^~~ ....v .. UL lU 1 : J !!fTlSf<! L U~~.Q~,~ ___;:7:,"1., W.IlJl H! J~ì_::i!,~~tf J,2i_I,,}" ~t ¡~~_'^ ¡ ~E .._".....,......",..._,..,. .~~ -~~#~~ r:øl_.lL ~Ñøm ~.1 ~~~~~.fæ=~lmJ~~ '"t RE;VISIONS ßV , . f,--., .. , I' fl. ... ';f. - .J :J It ôm ~ ~.~.i? _r<~ 8H: 5~b ()m~ :¡1J..c:> ~d; Cl)a:G !i:Ši O~~ ¡¡h~ ff~§ ~ U) 1,1. ''I< '); SHtHl'f July 12,2005 City of Dublin 100 Civic Plaza Dublin, CA 94568 Attn: Planning Division We, the undersigned, do hereby agree that The Fremont Swim School has permission to use 10 parking spaces at the property located at 6958 Sierra_Court in Dublin by customers and employees for the duration of their Conditional Use Pennit with the City of Dublin. In the event that the property transfers ownership during that time period, The Fremont Swim School will need to obtain approval from the new property owner. It is also agreed that The Fremont Swim School shall hold harmless All American Label and its employees and tenants for any liability matters arising as a result of personal injury or property dmnSlge while parking on All American Label's premises. The Fremont Swim School understands that it will utilize the adjacent parking area on this property at its own risk. ~~.~ All American Label -- ~/~~ Mã· berti/Owner Fremont Swim School iJTP.CHMENT !5