HomeMy WebLinkAboutItem 8.2 PA 91-082 Cast and Company Instructional Dance Studio CUPCITY OF DUBLIN
PLANNING COMMISSION
AGENDA STATEMENT/STAFF REPORT
Meeting Date: November 18, 1991
TO: Planning Commission
FROM:
PREPARED BY:
SUBJECT:
GENERAL INFORMATION:
PROJECT:
APPLICANT:
Planning Staff
David Choy, Associate Planner
PA 91-082 Cast & Company Instructional Dance
Studio Conditional Use Permit
Conditional Use Permit request for the
establishment of a commercial recreation use,
instructional dance studio, within a 2,112±
square foot tenant space located at 7232 San
Ramon Road (Stroud's Plaza)
Ron Tye
18867 Walnut Road
Castro Valley, CA 94546
REPRESENTATIVE: Bruce A Burrows
The Burrows Company
318 Diablo Road, Suite 260
Danville, CA 94526
PROPERTY OWNER:
LOCATION:
ASSESSOR PARCEL:
PARCEL SIZE:
GENERAL PLAN
DESIGNATION:
SAN RAMON ROAD
SPECIFIC PLAN
DESIGNATION:
Richard Jeha
318 Diablo Road, Suite 250
Danville, CA 94526
7232 San Ramon Road
941-40-7-2
4.74+ acres
Retail/Office
Area 3A: San Ramon Road Properties
ITEM NO. [ 3
COPIES TO: Applicant
Owner
PAGE,.LOF 12 Address File
EXISTING ZONING
AND LAND USE: PD Planned Development (C-1 Retail Business
District Uses) Stroud's Plaza.
SURROUNDING LAND
USE AND ZONING:
ZONING HISTORY:
North: C-1 Retail Business (S.R.R.S.P.)
Workbench Tru-Value Hardware
South: C-1 Retail Business (S.R.R.S.P.)
Iceland Ice Skating Rink
East: San Ramon Road Right -of -Way
and C-1 Retail Business Center
West: PD Planned Development Residential
(S.R.R.S.P.) Kildara multi -family
residential development
Reso 36-83: On July 25, 1983, the Dublin City Council adopted
the San Ramon Road Specific Plan.
PA 83-063:
PA 83-064:
PA 83-042:
On October 24, 1983, the Dublin City Council
adopted 'Appendix A': Definitions for the San
Ramon Road Specific Plan.
On November 28, 1983, the Dublin City Council
approved an amendment to Area 3 of the San Ramon
Road Specific Plan to permit up to 25% of the
total gross floor area of shopping centers that
are four (4) acres or more in area to be utilized
for personal service, financial institution or
office uses.
On June 11, 1984, the Dublin City Council approved
a Rezone of the property from C-1 Retail Business
to PD Planned Development.
PA 86-050.1: On June 23, 1986, the Dublin City Council approved
an amendment to Area 3 of the San Ramon Road
Specific Plan by establishing a sub area (Area 3A)
to permit uses generally provided for by the C-1
Retail Business District, which includes
commercial recreation facilities as a conditional
use.
PA 86.050.2
On June 23, 1986, the Dublin City Council approved
General Provisions for a Planned Development (PD)
rezoning concerning Area 3A of the San Ramon Road
Specific Plan.
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PAG
OF I P--
PA 89-121:
PA 91-045.1
PA 91-045.2
On December 18, 1989, the Planning Commission
approved a Conditional Use Permit and Site
Development Review request to modify the
Conditions of Approval of PA 83-042 by an addition
of 2,230± square feet to an existing building of
the Town & Country Shopping Center.
On July 16, 1990, the Planning Commission approved
a Site Development Review request for exterior
modifications to existing buildings, a new sign
program including a new alternate freestanding
shopping center master identification sign and
minor site alterations within the Dublin Town and
Country Shopping Center and approval of a
Conditional Use Permit to allow modification to
the approved Planned Development provisions.
on September 4, 1990, the Planning Commission
approved a Site Development Review request for a
new 2,100± square foot building and a Conditional
Use Permit to allow minor modification to the
approved Planned Development provisions.
APPLICABLE REGULATIONS:
City Council Resolution No. 54-86 (PA 86-050.1) amended the
San Ramon Road Specific Plan, establishing Area 3A which permits
commercial recreation facilities subject to approval of a
Conditional Use Permit.
City Council Resolution No. 55-86 (PA 86-050.2) establishes
General Provisions for a Planned Development (PD) rezoning
concerning Area 3A of the San Ramon Road Specific Plan.
Section 8-48.2 f) of the Zoning Ordinance specifies that a
commercial recreation facility, such as a dance studio, is
considered a conditional use within the C-1 Retail Commercial
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; 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
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consists of minor alterations of an existing private structure
involving negligible expansion of uses beyond that previously
existing.
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 approval of a Conditional Use
Permit to allow the establishment of a commercial recreation use,
an instructional dance studio, within a 2,112 square foot tenant
space at 7232 San Ramon Road.
The studio will primarily teach Ballet, Tap, Jazz and Modern
Dance. Hours of operation will be from 9:30 a.m. through
10:00 p.m. on weekdays and on Saturdays from 9:30 a.m. through
4:30 p.m.
The Applicant is proposing to divide the tenant space into
two separate classrooms each of approximately 800 square feet.
Class sizes will be limited to a maximum of twenty students.
Weekday dance classes for children and young adults will be
scheduled in the afternoon, after school hours. Weekday adult
classes will be held in the evening, beginning after 5:00 p.m.
Adequate parking is available for the proposed dance
instruction studio as well for the other retail, restaurant and
entertainment uses within Stroud's Plaza, which is approximately
60 percent occupied. In addition, the evening classes offered by
the dance instruction studio will provide an opportunity for the
joint use of parking spaces, particularly those located closest
to the building. No traffic circulation or parking problems
currently exist on the property.
Conditions are included in the draft resolution which
prohibit the use of loud speakers or amplified music outside of
the building and require the owner to limit interior noise levels
so as not to create a nuisance to the adjoining businesses or to
the Kildara residential development.
The application has been reviewed by the applicable City
departments and agencies and their comments have been
incorporated into the attached draft resolution (Exhibit B) as
conditions of approval.
Staff recommends approval of the Applicant's Conditional Use
Permit request for Cast & Company Instructional Dance Studio
subject to the conditions specified in the draft resolution
(Exhibit B).
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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 the draft resolution approving PA 91-082, or
give Staff and Applicant direction and continue
the matter.
ACTION: Staff recommends that the Planning Commission adopt the
draft resolution (Exhibit B) approving PA 91-082 Cast &
Company Commercial Recreation, Instructional Dance
Studio, Conditional Use Permit.
ATTACHMENTS:
Exhibit A:
Exhibit B:
Site/Floor Plans
Draft Resolution Approving Conditional Use Permit
Background Attachments:
Attachment 1: Zoning/Location Map
Attachment 2: Applicant's Written Statement
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SAGE 5 OF ='
RESOLUTION NO. 91-
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
APPROVING PA 91-082 CAST & COMPANY CONDITIONAL USE PERMIT TO ESTABLISH
A COMMERCIAL RECREATION USE, INSTRUCTIONAL DANCE STUDIO,
AT 7232 SAN RAMON ROAD
WHEREAS, Bruce Burrows, on behalf of Dublin Town & Country
Associates, requests approval of a Conditional Use Permit to allow the
establishment of an instructional dance studio within an existing
2,112 square foot tenant space at 7232 San Ramon Road; 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 a public need by providing an
instructional dance studio for the community.
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 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 in that conditions have been applied to
insure conformance with the Zoning Ordinance.
EXHIBIT B
oen,6 fir 1_:_.
BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission does
hereby conditionally approve PA 91-082 Cast & Company 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, [PO] Police, [PW] Public Works, [ADM]
Administration/City Attorney, [FIN] Finance, [F] Dougherty Regional
Fire Authority, [DSR] Dublin San Ramon Services District, [CO] Alameda
County Department of Environmental Health.
1. This approval is for the establishment of a commercial recreation
use, instructional dance studio, within an existing 2,112 square
foot tenant space at 7232 San Ramon Road, as generally depicted
on Exhibit A stamped approved, consisting of site/floor plans
dated received October 23, 1991, and as modified by the following
conditions of approval. [PL]
2. All signs shall be subject to the requirements of the Sign
Regulations within the Zoning Ordinance. [PL]
3. The Applicant shall be responsible for clean-up and disposal of
project related trash to maintain a clean and litter -free site.
[PL]
4. No loudspeakers or amplified music shall be permitted outside the
enclosed building. All activities associated with this use shall
be conducted entirely within the enclosed building. [PL, PO]
5. The Applicant shall limit interior noise so as not to create a
nuisance to the existing or surrounding businesses, or to the
residences at the Kildara residential development. [PL, PO]
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]
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]
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PAGE OF
PASSED, APPROVED AND ADOPTED this 18th day of November, 1991.
AYES:
NOES:
ABSENT:
ATTEST:
Planning Director
Planning Commission Chairperson
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q, This request For Conditional Use Permit covers the
establishment of 8 dance instruction studio For children and
adults. The studio will primarilg teach Ballet, Tap, Jazz and
other Modern dance. The clientele of the studio will compete in
Local, State and National competitions. Tumbling and aerobics are
also contemplated at the proposed studio. The greater Dublin area
is currently in need oF a quality dance instructinn studio. Such
a studio would allow the citizens of Dublin to pursue the dance
arts and improve physical Fitness through the programs offered.
The hours oF operation will be from 9:30 a,m, through 10:00 p,m.
each week day with Saturday hours oC 9:30 a.m, through 4:30 p,m.
The studio would normally be closed on Sundays. We anticipate
opening the business with Five part time and one Full time
instructor, The site is not on the list oF hazardous waste sites
as per Government Code Section 2.65982.5. The studio produces no
hazardous or noxious wastes in it's operation, The operation of
the studio will take place within the confines oF the selected
site, It therefore poses no threat to the safety and well --being
of those residents living near the site, We believe that the
service nature of the studio is appropriate For the site selected
which contains other service and retail establishments, In
eummaru we believe that the use requested is not contrary to the
SpeciFic Intent Clauses or Performance Standards established For -
the District in which the site is located, We Further believe the
studio will provide a vital and necessary Furtherance of the
danne arts in the Dublin area,
13. Expected hours off operation are From 9:30 a,m. to 10:00 pm.,
Monday through Friday and 9:30 a.m, to q:30 p.m., Saturdeg's.
Initially, we expect 100 students per week, growing to 300
students within 12 to 29 months, The studio will be staffed bg 1
full-time and S part-time employees.
RECIVED.
OCT 2 3 1991
1-32- Sei-n RM DUBLIN PLANNING
elf-082-
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