HomeMy WebLinkAboutItem 8.1 PA 91-087 Dance Network CUPCITY OF DUBLIN
PLANNING COMMISSION
AGENDA STATEMENT/STAFF REPORT
Meeting Date: December 2, 1991
TO: Planning Commission
FROM: Planning Staff NOK
PREPARED BY: Ralph Kachadourian
Assistant Planner/Zoning Investigator
SUBJECT: PA 91-087 Dance Network Conditional Use
Permit
GENERAL INFORMATION:
PROJECT:
APPLICANT:
PROPERTY OWNER:
Conditional Use Permit request to establish
and operate a recreation facility (dance
studio) within a 4,128 square foot tenant
space located at 6325 Sierra Court.
Susan Bostwick
Dance Network
25653 W. Camino Vista
Hayward, CA 94541
Bev and Greg Kent
P.O. Box 236
Alamo, CA 94507
LOCATION: 6325 Sierra Court
ASSESSOR PARCEL: 941-205-14
PARCEL SIZE: 1.45± acres
GENERAL PLAN
DESIGNATION: Business Park/Industrial
EXISTING ZONING
AND LAND USE: M-1 (Light Industrial) District
Wholesale, Warehouse and Office Uses
ITEM NO. ii4 1
COPIES TO: Applicant
Owner
Address Fll1e,R,
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SURROUNDING LAND
USE AND ZONING:
ZONING HISTORY:
PA 84-039:
North: PD (Planned Development)
Sierra Trinity Business Park
South: M-1 (Light Industrial)
Vacant Warehouse/Office Uses
East: M-1 (Light Industrial)
Warehouse Uses/Viking Distributors
West: M-1 (Light Industrial)
Chevron Record Storage Facility
Avcar Rental Conditional Use Permit file was
closed by the Planning Director due to an
incomplete application on January 28, 1985,
with no further action taken.
APPLICABLE REGULATIONS:
Section 8-51.3e) of the Zoning Ordinance specifies that a
recreation facility such as a dance studio is considered a
conditional use within the M-1 (Light Industrial) 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
consists of operation of a recreation facility (dance studio)
within an existing private structure involving no expansion of
use beyond that previously existing.
NOTIFICATION: Public Notice of the December 2, 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 an existing recreation
facility use of an academy of dance arts (dance studio) within a
4,128 square foot tenant space at 6325 Sierra Court.
The Dance Network was previously located at 6591 Sierra Court
within the Sierra Trinity Business Park and has operated in this
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location with an approved Conditional Use Permit PA 87-129, which
will expire in October 1992. In July, the Applicant had
contacted Staff and requested zoning ordinance information
pertaining to the relocation of the existing dance studio to
another site within the City.
The applicant subsequently relocated to 6325 Sierra Court
without first obtaining Conditional Use Permit approval. This
came to Staff's attention as a result of the applicant filing
this Conditional Use Permit request (PA 91-087).
The Dance Network provides instruction to children and
adults in ballet, tap, jazz and ballroom dancing as well as
tumbling. The dance studio has approximately 200 active students
with approximately 8-10 students per class, two (2) classes at
one time. The hours of operation are from 2:00 p.m. to 9:00
p.m., Monday through Thursday and from 9:00 a.m. to 2:00 p.m. on
Saturdays.
Adequate parking is available for the Dance Network as well
as for the other wholesale, warehouse and office uses allowed
within the building. A total of 54 parking spaces are currently
available on the site. No traffic circulation or parking
problems exist on the property.
The Building Inspection Department has expressed concerns
relating to building code requirements and violations which exist
at the studio location. These concerns include: the exit
patterns of the tenant space; an illegally built mezzanine; the
raised dance floor area and handicap accessibility requirements.
These concerns have been addressed in the conditions of approval.
Conditions are also included in the draft resolution which
prohibit the use of loud speakers or amplified music outside of
the building and requiring the owner to limit interior noise
levels so as not to create a nuisance to the adjoining businesses
within the building.
Staff recommends approval of the Applicant's Conditional Use
Permit request for the Dance Network dance studio 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 the draft resolution approving PA 91-087, or
give Staff and Applicant direction and continue
the matter.
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PAGE -3 OF la
ACTION: Staff recommends that the Planning Commission adopt the
draft resolution (Exhibit B) approving PA 91-087 Dance
Network Conditional Use Permit.
ATTACHMENTS:
Exhibit A:
Exhibit B:
Site/Floor Plans
Draft Resolution approving the Conditional Use
Permit
Background Attachments:
Attachment 1: Zoning/Location Map
Attachment 2: Applicant's Written Statement
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EXHIBIT A
PAGE OF 2.6
RESOLUTION NO. 91-
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
APPROVING PA 91-087 DANCE NETWORK CONDITIONAL USE PERMIT TO
ESTABLISH A RECREATION FACILITY USE (DANCE STUDIO) WITHIN A
4,128 SQUARE FOOT TENANT SPACE LOCATED AT 6325 SIERRA COURT
WHEREAS, Susan Bostwick, owner of the Dance Network,
requests approval of a Conditional Use Permit to allow the
establishment of a recreation facility (dance studio) within an
existing 4,128 square foot tenant space at 6325 Sierra Court; and
WHEREAS, the Planning Commission held a public hearing on
said application on December 2, 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 a
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.
EXHIBIT ig
PAGE r OF /a
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.
BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission
does hereby conditionally approve PA 91-087 Dance Network
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 recreation
facility use (dance studio) within an existing 4,128 square
foot tenant space at 6325 Sierra Court, as generally
depicted on Exhibit A stamped approved, consisting of
site/floor plans dated received October 28, 1991, and as
modified by the following conditions of approval. [PL]
2. The applicant and/or property owner shall bring the tenant
space into compliance with all Building Code requirements
relating to the exit patterns, the illegal mezzanine, the
raised dance floor and handicap accessability. [B]
3. The applicant and/or property owner shall comply with all
applicable Planning, Building, Dougherty Regional Fire
Authority and Police Department regulations and ordinances,
including the Building Department regulations cited in
condition #2, within 30 days of the effective date of
approval of this permit. [PL, B, F, PO]
4. All signs proposed shall be subject to the requirements of
the Sign Regulations specified by the Zoning Ordinance prior
to installation or use. [PL]
5. 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]
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6. The Applicant shall limit interior noise so as not to create
a nuisance to the existing or surrounding businesses within
the building. [PL, PO]
7. 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]
8. This approval shall become null and void in the event the
approved use ceases to operate for a continuous one-year
period. [PL]
9. 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 2nd day of December, 1991.
AYES:
NOES:
ABSENT:
ATTEST:
Planning Director
Planning Commission Chairperson
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PLANNING APPLICATION
CITY OF DUBLIN
1. Dance Network is a community service business which operates an academy of
dance arts. They provide instruction to children and adults in ballet, tap, jazz and
ballroom dancing as well as tumbling. Dance Network was started with a studio
in 1961 in San Leandro. Presently there are studios in San Leandro and Dublin.
The Dublin studio has been in a Bedford Properties building on Sierra Lane since
March of 1988.
a. Dance Network certainly fulfills a public need by providing an opportunity
for children and adults to exercise and develop life long skills in all forms
of dance and tumbling. It is a very positive and fun environment.
b. Dance Network has been in Dublin on Sierra Lane in the same business
park successfully co -existing with other businesses for over three years.
Actually the available parking and two entrance accessibility to this new
location is far superior to their previous Dublin location. Their immediate
neighbor is a dead storage warehouse with no parking requirement.
The only other community service business in the immediate area is
Medina's Gym on Sierra Court.
c. Dance Network will positively affect the health of those choosing to
participate in their broad range of activities. As mentioned earlier the
available parking is abundant and the access to the studio is from the rear
of the building close to entrances so children and adults will not be exposed
to street traffic. Two automobile entrances provide a easy flow of traffic
for neighboring businesses.
d. This business has proved to be compatible with other businesses in this
business park for over three years. There is no reason to conclude that this
business can not continue to meet the performance standards of this zoning
district for many years to come.
e.
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REC `IVEI
OCT 2 1991
Serra
DUBLIN PLANNING
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The studio conducts classes five clays a week with hours of operation from
2-9 P.M. Monday through Thursday and Saturday 9 A.M. - 2 P.M.
There are approximately 200 active students.
The owner of Dance Network is presently the only instructor.
Ten parking spaces are the maximum required and there are twenty five
spaces available in the immediate area and general parking areas.
ATTACHMENT 2_
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