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HomeMy WebLinkAboutItem 8.1 PA 91-077 Andre School of Dance CUPCITY OF DUBLIN PLANNING COMMISSION AGENDA STATEMENT/STAFF REPORT Meeting Date: November 18, 1991 TO: FROM: PREPARED BY: SUBJECT: GENERAL INFORMATION: PROJECT: APPLICANT: PROPERTY OWNER: LOCATION: ASSESSOR PARCEL: PARCEL SIZE: GENERAL PLAN DESIGNATION: EXISTING ZONING AND LAND USE: SURROUNDING LAND USE AND ZONING: Planning Commission Planning Staff ra Delmar Tompkins, Planning Intern 0)L• PA 91-077 Andre School of Dance Conditional Use Permit. The Applicant is requesting Conditional Use Permit approval to allow the operation of a dance school (commercial recreation facility) at 7015 Dublin Boulevard in a C-2-B-40, General Commercial Combining District Zone. Beverly Ashour 1340 Russell Way Hayward, CA 94541 Fred N. Delanoy 3640 Grand Avenue, Suite G Oakland, CA 94610 7015 Dublin Blvd. 941-210-27-2 1.08 Ac Retail/Office C-2-B-40, General Commercial Combining District; Mixed Retail/Automotive North: South: East: R-1 Single Family Residence District M-1 Light Industrial District C-2-B-40 General Commercial Combining District West: C-2-B-40 General Commercial Combining District ITEM NO. 8.I COPIES TO: Applicant Owner PAGE 1 OF << Address File ZONING HISTORY: C-1768 On July 31, 1967 the Alameda County Planning Commission approved a Use Permit for wholesale and retail outlet for contractor's supplies in an "M- S" (Special Industrial) District including this site. V-5737 and S-429 On April 5, 1972, the Alameda County Zoning Administrator approved an application for a variance to construct commercial buildings, so as to reduce front yard setback from required 30' to 19' and 15', reduce side yard setback from required 20' to 10' (west side) and 0' (east side) in a C-2-B-40 General Commercial Combining District located at 6999 Dublin Boulevard. S-505 and V-6328 On March 8, 1974, the Alameda County Planning Director approved a Site Development Review request to construct a 50' x 140' retail commercial building, including a 10' rear setback to obtain required parking and providing an access easement for the Alameda County Flood Control and Water Conservation District, at 6991-6997 Dublin Boulevard. C- 3596 On June 13, 1979, the Alameda County Zoning Administrator approved a use permit for operation of a bookstore at 7003 Dublin Boulevard in a C-2- B-40 General Commercial Combining District. V-83-5 SDR Waiver PA 91-049 On June 3, 1981 the Alameda County Zoning Administrator granted a variance to allow an assembly use which created a deficiency in off- street parking spaces from 128 required to 116 provided at 7003 Dublin Boulevard. On April 23, 1991, the Planning Director of the City of Dublin approved a request for a waiver of a Site Development Review for a paved parking lot and landscaping at 6985-7015 Dublin Boulevard. On July 22, 1991, City Council initiated a Massage Ordinance Amendment for Commercial Districts city- wide; study is pending Staff analysis. (Veronica Krell at 6993 Dublin Boulevard.) APPLICABLE REGULATIONS: Section 8-49.2(e) Conditional Uses: C-2 Districts states that a recreation facility is a conditional use in a C-2 District. Section 8-94.0 states that conditional uses must be analyzed to determine: 1) whether or not the use is required by the public need; PAGE OF II -2- 2) whether or not the use will be properly related to other land uses, transportation and service facilities in the vicinity; 3) whether or not the use will materially affect the health or safety of persons residing or working in the vicinity; and 4) whether or not the use will be contrary to the specific intent clauses or performance standards established for the district in which it is located. ENVIRONMENTAL REVIEW: The project has been found to be Categorically Exempt from CEQA under Section 15301, Class 1 of the California Environmental Quality Act guidelines. This use consists of the operation of an existing recreational facility (dance school) involving no expansion of the existing use. NOTIFICATION: Public Notice of the November 18, 1991 hearing was published in the local newspaper, mailed to adjacent property owners, and posted in public buildings. ANALYSIS: The Applicant is requesting Conditional Use Permit approval to operate a dance school (commercial recreation facility) at 7015 Dublin Boulevard in a C-2-B-40, General Commercial Combining District. In reviewing the Business License Application for Andre School of Dance, Staff determined the business was operating without benefit of an approved Conditional Use Permit. Upon notification of the Conditional Use Permit requirement the Applicant submitted an application. The Andre School of Dance has been in operation since 1973. The City has no record of any Zoning or Police complaints associated with this use. Andre School of Dance operates six days a week (Monday through Friday, from 4:00 p.m. to 9:00 p.m. and Saturday from 9:00 a.m. to 1:00 p.m.). Based on the parking requirements for places of assembly, the dance school is required to provide 11 parking spaces for employees and customers. Parking on site is adequate as there are 117 parking spaces on the site of the retail center addressed 6991 through 7015 Dublin Boulevard, while calculations indicate a need for 113 parking spaces. The project has been routed to other City Departments for review and comment, and all expressed concerns have been addressed in the Conditions of Approval. Because of the site's proximity to residential homes and other businesses in the Dublin Plaza Commercial Shopping Center, a Condition is included prohibiting amplified music outside the building. The Building Department has stated that a second exit from the premises is required by the Uniform Building Code. The property owner has contacted the Building Department to inquire about the door. The project is in compliance with the Zoning Ordinance and the General Plan. -3- PAGE OF if Staff recommends approval of the Applicant's Conditional Use Permit Request to allow the operation of a dance school (commercial recreation facility) at 7015 Dublin Boulevard in a C-2-B-40, General Commercial Combining District, subject to the conditions specified in the Draft Resolution (Exhibit B). RECOMMENDATIONS: FORMAT: 1) Open public hearing and hear Staff presentation. 2) Take testimony from Applicant and the public. 3) Question Staff, Applicant and the public. 4) Close public hearing and deliberate. 5) Adopt Draft Resolution approving PA 91-077 Andre School of Dance Conditional Use Permit, or give Staff and Applicant direction and continue the matter. ACTION: Staff recommends that the Planning Commission adopt the Draft Resolution (Exhibit B) approving the Conditional Use Permit for PA 91-077, Andre School of Dance. ATTACHMENTS: Exhibit A: Exhibit B: Site Plan, Floor Plan Draft Planning Commission Resolution approving the Conditional Use Permit for PA 91-077 Background Attachments: Attachment 1: Project Location/Zoning Map Attachment 2: Applicant's Written Statement -4- PAGE y OF / v /-• 1 III -tj i .4. . • . . • • . A Pr cn 0I - ‘11 tI a 0 1,) r Ls, 1 CO 0 I .0 0 Z 1. 0 rs) -<:•-• -<N) (:>t 1.• 6 6 ---.3 is- /..e._,./ ' • cr- - . < r• --i. ---. _ • CL („ _ j) C - cl _ o ▪ liv ..-- ____I 71 -?L ii . , 1 . '1EXHIBIIA _ .v_ 1 tfl DArr CLIO) / rl\ ›- 0-` r" •• -totS biet-‘GI r • RESOLUTION NO. 91- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING PA 91-077 ANDRE SCHOOL OF DANCE CONDITIONAL USE PERMIT REQUEST TO ALLOW THE ESTABLISHMENT OF A DANCE SCHOOL (COMMERCIAL RECREATION FACILITY) AT 7015 DUBLIN BOULEVARD IN A C-2-B-40, GENERAL COMMERCIAL COMBINING DISTRICT ZONE WHEREAS, Beverly Ashour submitted an application requesting approval of a Conditional Use Permit for the establishment of a dance school (commercial recreation facility) at 7015 Dublin Boulevard in a C-2-B-40 District; and WHEREAS, the Planning Commission held a public hearing on said application on November 18, 1991; and WHEREAS, proper notice of said public hearing was given in all respects as required by law; and WHEREAS, the application has been reviewed in accordance with the provisions of the California Environmental Quality Act (CEQA) and was found to be Categorically Exempt under Section 15301, Class 1 of the State CEQA Guidelines; and WHEREAS, the Staff Report was submitted recommending that the application be conditionally approved; and WHEREAS, the Planning Commission did hear and consider all said reports, recommendations and testimony hereinabove set forth. NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission does hereby find that: A. The proposed project will serve the public need by providing a dance school in the City of Dublin. B. The proposed use will be properly related to other land uses and transportation and service facilities in the vicinity, as the proposed use will be compatible when compared to the type and nature of operations typically found in the neighborhood. C. The proposed use, under all circumstances and conditions of this particular case, will not materially adversely affect the health or safety of persons residing or working in the vicinity, or be materially detrimental to the public welfare or injurious to property or improvements in the neighborhood, as all applicable regulations will be met. D. The proposed use will not be contrary to the specific intent clauses or performance standards established for the District in which it is to be located. EXHIBITS PAGE 7 OF IL BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission does hereby conditionally approve PA 91-077, Andre School of Dance Conditional Use Permit application, as generally depicted by materials labeled Exhibit A, stamped approved and on file with the Dublin Planning Department, subject to the following conditions: CONDITIONS OF APPROVAL: Unless stated otherwise, all Conditions of Approval shall be complied with prior to the issuance of building permits or establishment of use, and shall be subject to Planning Department review and approval. The following codes represent those departments/agencies responsible for monitoring compliance of the conditions of approval. [PL] Planning, [B] Building, [P0] Police, [PW] Public Works, [ADM] Administration/City Attorney, [FIN] Finance, [F] Dougherty Regional Fire Authority, [DSR] Dublin San Ramon Services District, [C0�] Alameda County Department of Environmental Health. 1. This Conditional Use Permit approval for PA 91-077 is to allow the establishment of a dance school (recreation facility) at 7015 Dublin Boulevard in a C-2-B-40 General Commercial Combining District zone. This approval shall generally conform to the plans stamped approved, labeled Exhibit A, consisting of a Site Plan and Floor Plan (2 sheets) prepared by the Applicant, Beverly Ashour, dated received by the Planning Department October 3, 1991. [PL] 2. This use shall comply with all applicable Planning, Building, Dougherty Regional Fire Authority, and Police Department regulations and ordinances. [PL, B, F, PO] 3. No loudspeakers or amplified music shall be permitted outside the enclosed building. All activities associated with this use shall be conducted entirely within the subject building. [PL, PO] 4. The Applicant shall control activity so as not to create a nuisance to the existing or surrounding businesses, or to the neighboring residences behind the site. [PL, PO] 5. The Applicant shall be responsible for clean-up and disposal of project related trash and to maintain a clean and litter -free site. [PL] 6. On an annual basis, this use shall be subject to Zoning Investigator review and determination as to the compliance with the Conditions of Approval. [PL] 7. This approval shall become null and void in the event the approved use ceases to operate for a continuous one year period. [PL] - 2 PAGE OF I 8. This permit shall be revocable for cause in accordance with Section 8-90.3 of the Dublin Zoning Ordinance. Any violation of the terms or conditions of this permit shall be subject to citation. [PL] PASSED, APPROVED AND ADOPTED this 18th day of November, 1991. AYES: NOES: ABSENT: ATTEST: Planning Director - 3 Planning Commission Chairperson PAGE 9 OF 5.14 • `-r-., L�T-r_ KOLB PARK / --��% -w••, uv .c / it . -- r_.---t-- %t'`y .:+; •�'., :1 Jam`\\ .. • w %r •" — uoS • . • - %; /$1~IFP a,,., GPOV G177 1.11,117 'Pro)Cct' oc.2i1e7y A1TACNMEMT 1 f ro3Q.c1 Loca4(on / Map PA q —077 /hareSckoo( o(64.4Ge. 7015 1. t,k1lin Isou ie Vdrd inn /U nG l SLJ C490 . a'nc`e 1341 RUSSELL WAY HAYWARD, CALIF. 94541 Re: ANDRE SCHOOL OF DANCE 7015 Dublin Blvd. Dublin, Ca. We are a dancing school conducting classes_ for children 32 years thru adults. Class size is on an average of 8 students per class. We teach Tap, Jazz, Classical Ballet, Tumbling & Hawaiian. We are open MONDAY THRU FRIDAY 4 p.m. to 9 p.m. SATURDAYS 9 a.m. to 1 p.m. At the present time, I have 3 out -side instructors. A tumbling instructor 2 hours per week A ballet instructor 1 day per week A Hawaiian instructor 2 hours per week My daughter and myself teach the balance of the classes ATTACHMENT 2 `1&IS Aub ► PAGE/" OFL.