HomeMy WebLinkAboutItem 9.1 PC InterpretationTO:
FROM:
PREPARED BY:
SUBJECT:
CITY OF DUBLIN
PLANNING COMMISSION
AGENDA STATEMENT/STAFF REPORT
Meeting Date: November 4, 1991
Planning Commission
Planning Staff
David K. Choy, Associate Planner
GENERAL INFORMATION:
PROJECT:
APPLICANT/
PROPERTY OWNER:
PROPERTY OWNER:
LOCATION:
ASSESSOR PARCEL:
PARCEL SIZE:
GENERAL PLAN
DESIGNATION:
DOWNTOWN SPECIFIC
PLAN DESIGNATION:
EXISTING ZONING
AND LAND USE:
4 tA,„I
Planning Commission Interpretation Regarding
Definition of Physical Therapy Use.
Request for Planning Commission to provide an
interpretation regarding the definition of a
Physical Therapy use proposed at 7189 Amador
Plaza Road.
John Hess
First Western Development
3468 Mt. Diablo Blvd. #B-301
Lafayette, CA 94549
Michael Mohn
Metropolitan Life Insurance Company
101 Lincoln Center Drive
Foster City, CA 94404
7153 - 7199 Amador Plaza Road
941-305-36 & 37
7.01± acres
Retail/Office
Zone 8; Restaurant and Specialty Retail
PD, Planned Development/Specialty Stores
COPIES TO:
ITEM NO. 674 /
Applicant
Owner
Address File
PAGE _ /_w OF / 8
SURROUNDING LAND
USE AND ZONING:
ZONING HISTORY:
North: PD, Planned Development District;
Oshman's/Amador Valley Boulevard
Right-of-Way/Lutheran Church
South: C-2, General Commercial District;
Shopping Center Shops
East: C-2-B-40, General Commercial
Combining District; I-680 Freeway,
Zone 7/Alameda County Flood Control
Channel
West: C-1, Retail Business District;
Target/Montgomery Ward/Toys-R-Us
PA 87-159.1: On June 27, 1988, the Planning Director
approved Site Development Review for First
Western Development to construct a 10,000
square foot commercial retail building.
PA 87-159.2 On November 14, 1988, the Dublin City Council
approved a parcel map to subdivide an
existing parcel into two lots and a Variance
to allow a lot with insufficient frontage.
PA 89-050 On April 9, 1990, the Dublin City Council
approved a PD, Planned Development Rezoning
for First Western Development.
APPLICABLE REGULATIONS:
Both Condition #2.c. of City Council Resolution No. 34-90
(for PA 89-050), which establishes General Provisions for the
Planned Development, and the Downtown Specific Plan (Development
Zone 8) permit offices as principal uses when located above the
ground floor (see Attachments 1 and 2).
Condition #2.d. of City Council Resolution No. 34-90 (for PA
89-050) states that service commercial uses are oriented toward
serving the needs of the residents and employees in the area,
including but not limited to: Dry Cleaners; Barber & Beauty
Shop; Tailor Shop; Camera, Watch or Shoe Repair." (see Attachment
1)
The Downtown Specific Plan defines Land Use Zone 8 as:
"Located between I-680 and the proposed Dublin 'Restaurant Row'
this zone will be encouraged over time to increase its pedestrian
orientation for restaurant, specialty retail and entertainment
uses." (see Attachment 3)
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PAGE a. OF
8
Section 8-46.1 of the Zoning Ordinance (Administrative
Office District) includes the following, among others, as office
occupancy: chiropodist, chiropractor, dentist, optometrist,
osteopath and physician. (see Attachment 4)
BACKGROUND:
On September 5, 1991, the Planning Department received a
letter from Richard Gray and Associates Commercial Brokerage
requesting that a physical therapy use be considered a permitted
use at 7189 Amador Plaza Road.
On September 6, 1991, Staff responded to Mr. Gray,
explaining that a physical therapy use is considered an office
use. Both the Planned Development General Provisions for the
site and the Downtown Specific Plan limit offices to the second
floor or above. Staff explained that the physical therapy use
was not permitted, since the proposed tenant space is located
within a single story structure. Staff indicated that the
property owner could request an amendment to the PD district, to
permit office uses on the ground floor.
On September 19, 1991, the Planning Department received a
letter from John Hess, First Western Development, requesting that
a physiotherapist and sports medicine specialist use be
considered permitted as a commercial service use, at 7189 Amador
Plaza Road (see Attachment 6).
On September 19, 1991, Staff contacted Mr. Hess and
indicated that a physical therapist/sports medicine clinic is
considered an office use, not a commercial service use and that
the PD provision restricting office use on the ground floor is
consistent with the policies of the Downtown Specific Plan.
Staff indicated that the property owner could request an
amendment to the PD General Provisions or appeal Staff's
interpretation to the Planning Commission.
On October 1, 1991, Staff sent a letter to Mr. Hess as a
follow-up to the September 19, 1991 telephone conversation and
his letter of September 19, 1991 (see Attachment 7).
ANALYSIS:
Staff is requesting the Planning Commission to review the
definition of a physical therapy/sports medicine clinic use,
which is proposed at 7189 Amador Plaza Road, in order to resolve
a difference of interpretation between Staff and the Applicant,
John Hess of First Western Development. The subject site is
located within Downtown Development Zone 8 and within a Planned
Development District, both of which limit offices to the second
floor or above. The subject tenant space is located within a
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PAGE 3 or
single story building. The Applicant, John Hess of First Western
Development, contends that a physical therapy/sports medicine
clinic falls within the scope of a service commercial use (See
Attachment 8).
The goal statement for Downtown Development Zone 8:
Restaurant and Specialty Retail, states "this zone will be
encouraged over time to increase its pedestrian orientation for
restaurant, specialty retail and entertainment uses." Service
commercial uses within the Downtown Specific Plan area are to be
defined as the Zoning Ordinance is amended, in this case through
the Planned Development Rezone process.
The Planned Development General Provisions governing this
site define "service commercial" as uses oriented toward serving
the needs of the residents and employees in the area. Examples
listed include: Dry Cleaners; Beauty & Barber Shops; Tailor
Shop; Camera, Watch or Shoe Repair. These uses are similar to
those listed within the "personal service" category of the San
Ramon Road Specific Plan ("service commercial" is not defined)
which include: Beauty & Barber Shops; Shoe Repair; Laundry;
Photographer; Interior Decorator; Travel Agent; Key Shop; etc.
The Zoning Ordinance does not define "service commercial"
but does allow a chiropractor and similar medical and dental uses
as a permitted "office" use in the C-0, Administrative Office
District.
Physical therapy is a licensed practice, governed by the
State of California Medical Board. Practioners must possess a
Bachelor of Arts or Masters Degree from an accredited program,
and must have successfully completed a state examination. A
physical therapist treats injury and disease by physical means
(such as exercise, heat, and hydrotherapy) rather than with
drugs. A physical therapist fits the general definition of a
person licensed to practice the healing arts under the laws of
the State of California. Staff believes that the nature of a
physical therapy/sports medicine clinic is similar to a medical
office use.
Staff contacted several local Planning Departments to ask
1) How do they designate a physical therapy use and 2) If
physical therapy is considered an office use, is it allowed
within service commercial areas. The results are as follows:
Pleasanton -
San Ramon -
1) Physical therapy considered an office use.
2) No offices allowed in service commercial.
1) Physical therapy considered a medical
office use.
2) No offices allowed in service commercial.
Livermore - 1) Physical therapy considered a medical
office use.
2) No offices allowed in service commercial.
Concord - 1) Physical therapy considered an office use.
2) No offices allowed in service commercial.
Pleasant Hill - 1) Physical therapy considered a medical
office use.
2) Offices allowed in retail and neighborhood
commercial areas, no service commercial
designation.
Hayward - 1) Physical therapy considered an office use.
2) Office uses allowed in service commercial.
Danville - Physical therapy allowed in service commercial.
Based on the survey results, it appears that Staff's
interpretation of physical therapy as an office use is consistent
with that of most neighboring jurisdictions.
The Applicant contends that the physical therapy/sports
medicine clinic use is nearly identical to the Bariatric Weight
Loss Clinic which previously occupied the tenant space. The
Bariatric Weight Loss Clinic does not maintain medically licensed
practioners on -site, nor is any physical treatment carried out
on -site. Off -site physicians are contacted by telephone to
provide general medical advice. The Bariatric Weight Loss Clinic
sells diet plans and products to customers, in order to
facilitate weight loss. Clients are monitored between one and
six times per week to chart their weight loss and determine the
adequacy of their specific weight loss program.
Staff considered the Bariatric Weight Loss Clinic as a
"service commercial" use as defined by the Planned Development,
similar to a barber shop, beauty shop or tailor shop. The
Bariatric use could similarly be considered as a permitted use
within the C-1, Retail Business District, which also allows a
barber shop, beauty shop or tailor shop (see Attachment 5).
If the Planning Commission's interpretation of a physical
therapy/sports medicine clinic use is consistent with Staff's
interpretation then the Applicant would have three options
available, in order for an office use to be permitted within a
single story building. The Applicant would need to request the
City Council to initiate an amendment to the Downtown Specific
Plan and Planned Development District to either:
1. Permit office uses within Downtown Development Zone 8
and the Planned Development District, eliminating the
above ground floor restriction.
-5-
PAGE s or
2. Permit only certain types of office uses, listing
specific office uses allowed.
3. Permit office uses on the ground floor subject to
Conditional Use Permit approval.
Should the applicant decide to proceed with these two
amendments, Staff could process them concurrently.
RECOMMENDATION: 1) Receive report.
2) Take testimony from Applicant.
3) Question Staff and the Applicant.
4) Deliberate and provide input.
5) Provide direction to Staff and Applicant
or continue the matter.
ATTACHMENTS:
1. Page 2 of CC Reso No. 33-90 (for PA 89-050), establishing
Planned Development General Provisions
2. Downtown Specific Plan Development Standards
3. Downtown Specific Plan Land Use Zone 8 Goal Statement
4. Permitted Uses in the C-0, Administrative Office District
5. Permitted Uses in the C-1, Retail Business District
6. Letter from John Hess dated September 19, 1991
7. Letter from Maureen O'Halloran dated October 1, 1991
8. Letter from John Hess dated October 24, 1991
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PAGE O OF �/_B
2. The rezoning will not have a substantial adverse affect on health
or safety or be substantially detrimental to the public welfare or be injurious
to property or public improvement; and
3. The rezoning will not overburden public services; and
4. The rezoning is consistent with the Dublin General Plan and
Downtown Specific Plan.
BE IT FURTHER RESOLVED THAT THE Dublin City Council does hereby adopt the
following general provisions for the 7+ acre First Western Development project
site, PA 89-050:
1. PA 89-050 PD, Planned Development District is established to provide
areas for specialty retail shopping and restaurant uses with pedestrian
orientation encouraged. It is the intent of this PD District to create
an area in which commercial development on separate adjacent parcels
function as a single shopping complex. Uses and development of property
within this PD District shall be subject to the provisions of the C-1
District except as modified through the General Provisions for said PD
(PA 89-050).
2. The following principal uses are permitted in PA 89-050 PD District:
a. Retail - including but not limited to: books, clothing, shoes,
jewelry, appliances or specialty stores.
b. Full Service Restaurants - Non Fast Food
(Fast Food Restaurant means a relatively high -volume restaurant
providing seating facilities and serving take-out food such as
hamburgers, tacos, chicken or sandwiches. Fast food restaurants
typically serve prepared or rapidly prepared meals. Food is
typically served in disposable containers.)
c. Office - located above ground floor.
d. Service commercial - uses oriented toward serving the needs of
residents and employees in the area, including but not limited to:
Dry Cleaners
Barber & Beauty Shops
Tailor Shop
Camera, Watch or Shoe Repair
3. The following uses are conditional uses subject to approval of a
Conditional Use Permit:
a Commercial recreation/entertainment - a public or private use or
development providing amusement, pleasure or sport operated
primarily for financial gain. Uses include but are not limited to:
arcade video games, dance floors, theaters.
-2-
ATTACHMENT 1
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ATTACMMEHT 2
PAGE 8 OF ./ 8_.
INCLUDING FAST FOOD RESTAURANTS
.
Zone 8: Restaurant and Specialty Retail
Located between I-680 and the proposed Dublin "Restaurant
Row" this zone will be encouraged over time to increase
its pedestrian orientation for restaurant, specialty
retail and entertainment uses.
Zone 9: Amador Valley Boulevard Commercial
Strategically situated in a good location relative to
traffic access within the downtown area, this zone will
be encouraged to intensify its development in the future.
A mix of uses with some two or three story structures is
desired. Design cohesiveness among portions of the area
will be strongly encouraged. Proposals providing direct
access to San Ramon Road will be considered.
Zone 10: Village Parkway Mixed Use
Currently occupied by a wide mix of commercial uses, this
zone will continue to serve a variety of needs in the
future. Visual landscape and building design improvements
will be sought to compliment the city's substantial
investment in public improvements along Village Parkway.
Zone 11: Retail/Office
Located on two streets which serve the nearby residential
population, this area will continue as a mix of commercial
uses. Small scale resident -serving offices such as medi-
cal or dental offices will be encouraged along with retail
uses oriented to the nearby residential areas. Proposals
which incorporate residential uses will be considered.
3) INTERIM USE ZONES
Four areas of Downtown Dublin have been identified as
interim use zones. These are areas which will likely
remain in their current use for the foreseeable future
but for which substantial later change is possible.
Interim use standards will be developed for each zone to
allow current uses to continue and to encourage property
changes where appropriate to mitigate negative visual
impacts on adjacent properties.
Interim use zone locations and general standard are
shown on Diagram 11.
Interim Use Zone A:
This area currently contains three warehouse structures
containing non -retail uses and a large vacant property.
The area is the potential location for a BART Park -
and -Ride facility initially and a later parking
resource for a BART station or other regional
31
AITACMMENT 3
PAGE. 9 OF./8
(Amended by sec. 6, (J b9-i3)
C- DISTRICTS
8-46.o ADMINISTRATIVE O'r'iCE DISTRICTS: INTENT. Administrative Office
Districts, hereinafter designated as CO - Districts, are established
to provide for the location of offices for professional services and
for business activities which are characterized by a low volume_of
direct consumer contact; and to encourage such development in a manner
compatible -with t"he uses in adjacent Districts, with suitable open
spaces, landscaping and parking area. C-0 Districts are typically
situated in areas having convenient access from, but not directly on,
main thoroughfares, and generally adjacent to a multiple residential
development.
8-46.1 PERMITTED USES: C-0•DISTBICTS. The following Principal Uses
are permitted in a C-0 District when located within a Building:
a) Office or office building for the conduct of business, administrator
or professional services, where these activities do not include
the manufacture, storage, display except samples; or sale at
retail of any merchandise on the premises; including but not
limited to the following types of office occupancy --
Accountant, advertising, architect, attorney, broker (stock and
bond), business consultant, business management, chiropodist,
chiropractor, collecting agency, dentist, employment agency,
engineer, finance, industrial management, insurance, landscape
architect, loan agency, mortgage, optometrist, osteopath,
philanthropic or charitable organization, physician, public
utilities, real estate, sales representative, secretarial,
social services, telephone answering, travel agent;
b) Bank;
c) Blue printing or other copying service;
d) Clubhouse, or rooms used by members of an organized club, lodge,
union or society;
e) Medical laboratory, dental laboratory.
8-46.2 CONDITIONAL USES: C-0 DISTRICTS. In addition to the uses listed for
Sections 8-60.60 and 8-61.0, the following are Conditional Uses in a C-0
District and shall be permitted only if approved by the Zoning Administrator
as provided in Section 8-94.0:
a) Church, library, school, Hospital, Clinic;
b) Pharmacy, limited to the sale of drugs and medical supplies;
c) Restaurant or retail store which serves primarily the occupants of
existing Buildings in the same District, or their clients or
patrons;
d) Research or development laboratory, except those engaged in
manufacture of products for commercial sale or distribution and
excluding any which produces or is found likely to produce any
smoke, dust, odors, glare or vibrations observable outside the
building or portion thereof in such Use;
e) Parking lot;
f) Public utility substation, not including service yard, storage
of materials or vehicles, or repair facilities.
(Amended by sec. 11, Ord. 69-23; amended by sec. 14, Ord. 70-57)
•
r B:46.21 Site Development Review: C-O Districts: Any structure 1.000 sq. ft. br more or
any construction aggregating 1,000 sq, ft. or more placed since July 9, 1977, shall be
subject t'o Site Development Review pursuant to Section 8-95.0; unless zoning approval is
granted upon the determination that the construction constitutes a minor project and that
the Building Permit plans are in accord with the intent and objectives of the Site Develop-` `
ment Review procedure. - .,
n-X
PAGE ! P. OF L ..
C-1 DISTRICTS
8-48.0 RETAIL BUSINESS DISTRICTS: INTENT. Retail Business Districts,
hereinafter designated as C-1 Districts, are established to_provide
areas for comparison retail shopping and office uses, and to enhance
their usefulness by protecting them from incompatible types of commer-
cial uses which can be provided for more effectively in the General
Commercial Districts.
(Amended by sec. 1, Ord. 68-58)
8-48.1. PERi1]ITTED USES: C-1 DISTRICTS. The following
Principal Uses are permitted in a C-1 District, subject to the
limitations of Section 8-48.9:
a) Retail: store, except book store;
b) Office, Bank;
c) Barber shop, beauty parlor and beauty school, busi-
ness school, dressmaking or knitting shop, tailor
shop, cleaning or laundry agency, handicraft shop;
d) Repair shop for cameras, shoes, watches, household
appliances;
e) Self-service laundry;
f) Restaurant;
g) Parking lot as regulated by Section 8-48.4.
,:.
T8-48.2 Conditional Uses: C-1 Districts. The following are Conditional Uses in C-1 Districts and shall be
' permitted only if approved by the Zoning Administrator as provided in Section 8-94.0:.. " • ''
a) :Hospital:'. . .
bi Community facility; '. •
c) Animal Hospital. Kennel; f .
d) Clubhouse, or rooms used by members of an organized club, lodge, union or society; •
e) Mortuary;
,, f) Commercial recreation facility other than a theatre, if within a building; G r t4 /-..:: =;1•-(,=1 ' •i.
g) Storage Garage, and storage lots for Recreational Vehicles and Boats; _ - J
h) Theatre, Drive-in Theatre; ' - .
.i) Drive:in Business;
J) • Holef, Motel, Boarding House; -
. k) Automobile Sales lot; . C
I) Service Station, Type A; or a facility retailing automotive parts and supplies which are installed and
. . serviced on the site but does not include.engine, transmission or differential rebuilding or body repair;
m) Plant nursery including the sale of landscaping materials, excluding wet -mix concrete sales providing
all equipment, supplies, and merchandise other than plant materials are kept within a completely
enclosed building; .
n) Tavern; . •
- o) Adult Entertainment Activity, provided however, that no Adult Entertainment Activity shall be located
closer than 1,000 feet to the boundary of any residential zone or closer than 1,000 feet to any other
Adult Entertainment Activity;•
•.p) Massage Parlor; . • .
q) Recycling Centers, when operated in conjunction with a Permitted Use on the same premises;
<j; Advertising Signs, provided that no single sign shall be (lashing orrintermittent, contain moving parts or
• be located so as to be directed towards lands in any adjacent R district; '
s) In patient and out patient health facilities as licensed by the State Department,of Health Services.
-District:---',.:,,.'-....:._..._.....:t_._..._....-.,--._.....-..r --_ `.
M. 2 77
'-'76/
J•
ATIACHMENT 5
OreD, 76-
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PAGE //
FIRST WESTERN
DEVELOPMENT
September 197, 1991
Ms. Maureen O'Halloran
Planning Lepartment
City of Dublin
100 Civic Plaza
Dublin, CA 94568
WASHINGTON / OREGON / CALIFORNIA
., WED
i, 1991
`�� INNING
Re: Physical Therapy/Sports Medicine and Supplies'Use As Tenant
For T. J. Maxx/Circuit City Center, Dublin, California
Dear Ms. O'Halloran:
We have at this time a request from a local physiotherapist and
sports medicine specialist to open a clinic at the above -referenced
location. This use will serve the physical therapy needs of the
residents and employees in the Dublin area, including the retail
sale of vitamins, exercise equipment, orthopedic appliances,
apparel, braces, etc. This use is nearly identical to Bariatric
Weight Loss Clinic who has recently vacated the premises. Both
uses back their retail sales of merchandise with a specialized
clinic, In fact, the physical therapist clinic will be using
nearly all of the existing Bariatric Weight Loss Clinic's tenant
improvements, including their reception and sales areas.
This use is allowed as Service Commercial under paragraph 2(d) of
our planned development permit (copy enclosed). Service commercial
uses are uses oriented toward serving the needs of residents and
employees in the area, included but not limited to, dry cleaners,
barber and beauty shops, tailor shops, camera, watch and shoe
repair.
You should also note that Neuro-Sport, a similar facility is
located in a retail center at 8000 Amador Valley Boulevard in
Dublin and also that the Pleasanton Physical Therapy is located in
the Nob Hill Center, Pleasanton.
T believe after reviewing this information, you will agree that the
use is consistent with our P.D. permit as approved by the City
Council and also consistent with Dublin's and other city's findings
that such a physical therapy/sports medicine facility which
included the retail sale of support items is a complimentary and
reasonable use in a retail center.
ATTACHMENT 6
3468 MT. DIABLO BLVD., SUITE B-301 LAFAYETTE, CALIFORNIA 94549 FAX: (415) 284-2670 (415) 284-5640
PAGE /a OF /fi..
Ms. Maureen O'Halloran
Page 2
September 19, 1991
I would appreciate it if you would give me a call with your
thoughts on this matter.
Sincerely,
0 9
/John Hess
JH:dpg
Enclosure
('`')81 CITY OF DUBLIN
PC. Ec% 23 C Cr_;i;cr., a 91563
October 1, 1991
Mr. John Hess
First Western Development
3468 Mt. Diablo Blvd, Ste. B-301
Lafayette, CA 94549
G:;, 0 ces. 100 O',:c Dubiin. C<ifcrr...,. 3
Subject: Physical Therapist/Sports Medicine Clinic
7100-7181 Amador Plaza Road
APN 941-305-36
Dear Mr. Hess:
This is in response to your letter dated September 19, 1991, and
is also a follow-up to our telephone conversation on that same date,
in which you inquired about a physiotherapist and sports medicine
clinic locating within the TJ Maxx/Circuit City Center.
A physical therapist use and/or sports medicine clinic is not
considered a service commercial use as you suggest, but is considered
an office use. Service commercial uses include uses similar to dry
cleaners and beauty shops which are not office type uses. A physical
therapist/sports medicine clinic bears a closer resemblance to a
physician office, chiropractor office, or dentist office, than to a
dry cleaners, watch or shoe repair or tailor shop.
The TJ Maxx/Circuit City Center is zoned Planned Development and
does not permit office uses on the ground floor. Since all the
buildings within this Planned Development are single story buildings,
a physical therapist and/or sports medicine clinic is not permitted to
locate in the center.
The neuro-sport facility referenced in your letter as being
located at 8000 Amador Valley Boulevard, is located within a C-1
Retail Business District and is a permitted use, since the C-1
District specifically allows office uses as well as a variety of
retail and commercial service type uses.
As we discussed on the telephone, in order for an office use to
locate within the TJ Maxx/Circuit City Center, as it is currently
developed as a single story shopping center, the Planned Development
District would need to be amended to either:
ATTACHMENT 7
• 0.:, i.G:."r.' r1 :, 53 . 6C5 • a 1'1Ji F 36640 • .-uric' n("r
1..,, • ..a�; "�cc. L. 5,I 333 362C. • P a rinj (1' 5 833 C6'0
PAGE /4 O /S
1. Permit office uses within the PD District, eliminating the
above ground location restriction.
2. Permit only certain types of office uses, listing specific
office uses allowed.
3. Permit office uses on the ground floor subject to
Conditional Use Permit approval.
Even though you indicated the potential physical therapist tenant
is no longer interested in locating within the TJ Maxx/Circuit City
Center, you may still want to pursue an amendment to the Planned
Development District to allow office uses in anticipation of future
tenant interests.
If you would like the City Council to consider initiation of a
District Amendment, the property owner must submit a letter and a $100
fee to the Planning Department specifically identifying what changes
you want the City Council to consider.
Thank you for contacting the Dublin Planning Department before
proceeding with your tenant leasing plans. If you have any questions
concerning this matter, please feel free to call either Larry Tong,
Planning Director or me at (510) 833-6610.
Sincerely,
() K7(k_a() ?
Maureen O'Halloran \�
Senior Planner
MOH:fh
cc: Larry Tong, Planning Director
/Hess9-30
- 2 -
FIRST WESTERN
DEVELOPMENT WASHINGTON / OREGON / CALIFORNIA
October 24, 1991
Planning Commission
City of Dublin
100 Civic Plaza
Dublin, CA 94568
RECEIVED
OCT 2 4 1991
DUBLIN PLANNING
Re: Physical Therapy/Sports Medicine and Supplies Use As Tenant
For T. J. Maxx/Circuit City Center, Dublin, California
Dear Commission Members:
We have at this time a request from a local physiotherapist and
sports medicine specialist to open a store at the above -referenced
location. This use will serve the physical therapy needs of the
residents and employees in the Dublin area, including the retail
sale of vitamins, exercise equipment, orthopedic appliances,
apparel, braces, etc. This use is nearly identical to Bariatric
Weight Loss Clinic who has recently vacated the premises. Both
uses back up their retail sales of merchandise with a specialized
personal service. In fact, the physical therapist will he using
nearly all of the existing Bariatric Weight Loss Clinic's tenant
improvements, including their reception and sales areas. Up to 35%
of the tenants space will be used for merchandise sales and
display.
This use is allowed as Service Commercial under paragraph 2(d) of
our planned development permit (copy enclosed). "Service
commercial uses are uses oriented toward serving the needs of
residents and employees in the area, included but not limited to,
dry cleaners, barber and beauty shops, tailor shops, camera, watch
and shoe repair. This use would be directly in line with that of
a barber or beauty shop whereas a patron who comes to the store
received a physical service and might buy some related merchandise.
It should also be noted that Neuro-Sport, a similar facility is
located in a retail center at 8000 Amador valley Boulevard in
Dublin and also that the Pleasanton Physical Therapy is located in
the Nob Hill Center, Pleasanton.
ATTACHMENT 8
3468 MT. DIABLO BLVD,. SUITE B-301 LAFAYEITE, CALIFORNIA 94549 FAX: (415) 284-2670 (415) 284-5640
PAGE /6 OF /f .
Planning Commission
Page 2
October 24, 1991
I believe after reviewing this information, you will agree that the
use is consistent with our P.D. permit as approved by the City
Council and also consistent with Dublin's and other city's findings
that such a physical therapy/sportmedicine facility which
included the retail sale of support items is a complimentary and
reasonable 1158 in a retail center.
I believe that it would be appropriate that the Planning Commission
find that this service commercial is consistent use with our P.D.
zoning.
Thank you for your consideration in this matter.
Sincerely,
/John Hess
JH:dpg
Enclosure
PAGE _!.7 OF
PREMIER PHYSICAL THERAPY SERVICES AND SUPPLIES
Owner: Mitzi L. Van Der Pas
Location: 7189 Amador Plaza Road, Dublin, California
Use: Physical Therapy/Sports Medicine Services and Supplies. Patrons requiring
physical therapy will find a full service facility. Patrons will be counseled and
supervised on physical therapy equipment.
Retail
Sales: Approximately 30% to 40% the facility will be used for the display and sale
of various items. These items will include, but are not limited to, exercise
equipment, orthopedic appliances, apparel, braces, liniments, ointments,
bandages, gauzes, etc,
Hours of
Operation: 8 am. to 7 p.m., Monday through Friday.
Staffing: Three total (1 cashier/receptionist, 1 manager and 1 physical therapist).
Patrons
Per Day: 10 to 15 to start; 40 - 45 once established.
.„