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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. -2- 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 -3- PAGE OF__�_� 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). -4- PAGE OF 1 - 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 -5- 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] - 2 - PAGE OF PASSED, APPROVED AND ADOPTED this 18th day of November, 1991. AYES: NOES: ABSENT: ATTEST: Planning Director Planning Commission Chairperson - 3 PAGE OF 12' Q 1 AMADOR VALLEY ROLD Ida - -1 I 'Li 'OS001L DNiaa1ina 1 11 M)N 03SOdOdd t — R aVoa NOWda NYS 1 1 1 I I o 1 .Q gg r N2-3 w 5 0 n t RECEIVED OCT 2319g1 -12 3 z a.m a,. 2 J DUBLIN PLANNING b \[1 Fl 1111. 1 I N. � L >. 1100.,LC,lC,6 PRo-r srrE 713 2- Sral RhMaN RD L. 41, • Q z PAGE 9 OF I y EXHIBITA 0,46 I eF Z N 0 STROUD'S • RECEIVED Li OCT 2 31991 �1z3z Soo; DUBLIN PLANNING .....,.1.1.1 ReoPti.5aP FieeK �t.,rN late 7237. ZAP 2 1474 } Tiffrr • i►i`ii i i i '1cag Z OF Z O II c 11— % • • , i I1 — • \ A PA T OF Ti-iE N• t�. -- rl ....--c ZONI, `I m '' � T ... UBLI—= �'� IHOb1PS01 Inc. _---.—Tt;c-C{-TY=-OF CAL VfR!.IA N wJ \. 1<-= r ;—to1 • 121z03-evr Srr� 71 Z- Kowa p PA 9/-oSZ • __Pik GE -'- L of y ATTACIIMENt1 1 v 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- PAGE OF