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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, ! or �a 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 -2- PAGE OF / a- 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. -3- 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 -4- PAGE OF �a (/ l5 c o o v 1/47\)C&" 4)wri.000.44.. -rkijortyr RECE VED CGxs. ste r rc, t ' OCT 2 8 1991 Qt-o81 DUBLIN PLANNttvo. 22CLPT7o ti EXHIBIT A 1: � s�ia E R R A L A N E Alamo Properties L z 6800 Sierra Lane 3,059 SF 6820/6840 Sierra Lane 3,071 SF _K:3>,_ 3 0CT 8 1991 DUBLIN PLANNING Qoo 00111 6333 Sierra Court 3,350 SF 6,303 Sierra Court 6,118 SF 6,313 Sierra Court 4,774 SF MILL 7 6325 Sierra Court 4,128 SF 1PAAke— ithertsvitic LocorrlosJ fMu r El SIERRA COURT �a: �E,�c�ieir A 6_, I SIZ R. At CouRD •.e.. 3.0-• ss 04..... .- •-•77;7/.1-r, 717:—:7T7TH-7. 1 . • IL. -.. ,-;:5'..:;:.:..:- •-• „“PVED7 ocT 2 8 91 tei-r-6.. DUBLIN PLANNING ,: .....: . , ltt e-,- ..!.. • ol • ---Tf: .i.2;-•\ 1\ ‘ !Y.e...&:':. +.7e--=-1,,e.;*....r4 • u.ti,.: - ,s.. -,-_.:-..,::„...--_,..,-..„.... -•e•;."'i, ri*--':_:-.;,-:;,i- 5-‘2.1 ' '',\,.--7, , ,--..,•.,i -- ,..i : _ ..„._,, .v . -. . • „--,...,... . : • -. - --• - . : ±..--;.!7:,.,',.. r..., ...VAAL TO 1.0•61•1..r/KO•OVr•POT ) i A rT..1 , , IT g •:zi • f , i-- „,..: 4 51 • i.: :. •.: I 0..1 ', ' I G.' Or.. G o•- .11 r 0 . Co 4. 1,1 t to c 0 Ca. • 2 V\ rn 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] 2 PAGE /c 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 - 3 PAGE / D OF /' Nnana _ JO .' 1l7 JI IL ,w' - - n »ana ._.Ali. g NOSdWOH1 j �— dN6YDNINOZ _ ;� ,.AND—NYS C� 3o.�tio „ 3h1. Jo iayd. �/ ,...� ,, - - - • e:— r i.� fll .1111IS 115 • c.. ------ _ -- - 1� \ \ 1 1 1 1 11 t IA t tt 1 1t t1 1 • m*cuunn PAGE //_ OF /a 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. f. g• REC `IVEI OCT 2 1991 Serra DUBLIN PLANNING at -c,37 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_ PAGE / / OF �