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HomeMy WebLinkAboutPC Reso 87-073 PA 8-129 Margo's Dance studio/Bedford Properties RESOLUTION NO. 87 - 073 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING PA 87-129 MARGO'S DANCE STUDIO/BEDFORD PROPERTIES - REQUEST FOR A COMMERCIAL RECREATIONAL FACILITY (DANCE STUDIO) CONDITIONAL USE PERMIT REQUEST, 6591 SIERRA LANE WHEREAS, Sharon Slater, on behalf of Bedford Properties, filed a Conditional Use Permit request to allow a commercial recreational facility (Margo's Dance Studio) within an existing 30,500+ square foot light industrial building; and WHEREAS, the City of Dublin Zoning Ordinance provides, in part, for the establishment of a commercial recreational facility use in a M-1, Light Industrial District as a Conditional Use; and WHEREAS, the Planning Commission did hold a public hearing on said application on October 19, 1987; and WHEREAS, proper notice of said public hearing was given in all respects as required by law; and WHEREAS, this application has been reviewed in accordance with the provisions of the California Environmental Quality Act and a Negative Declaration of Environmental Significance has been adopted (Planned Commission Resolution No. 87 - 072) for this project, as it will have no significant effect on the environment; and WHEREAS, the Staff Report was submitted recommending that the Conditional Use Permit application be conditionally approved; and WHEREAS, the Planning Commission did hear and consider all said reports, recommendations and testimony hereinabove set forth; and WHEREAS, the proposed land use, if conditionally approved, is appropriate for the subject property in terms of being compatible to existing land uses in the area and will not overburden public services; NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission finds: (a) The establishment of a commercial recreational facility (Margo's Dance Studio) serves the public need by providing, in part, for the general physical health of members of the community. (b) The uses will be properly related to other land uses, and transportation and service facilities in the vicinity, as the proposed uses will be compatible to said land uses, and transportation and service facilities in the immediate vicinity. (c) The uses 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 and as the use will be operated within an existing structure. (d) The uses will not be contrary to the specific intent clauses or perfor- mance standards established for the district in which they are to be located as it is in conjunction with and is a valid conditional use in the District. -1- (e) The project is consistent with the policies contained in the City's General Plan. BE IT FURTHER RESOLVED that the Planning Commission does hereby conditionally approve Conditional Use Permit application PA 87-129 as shown by materials from the Planning Commission Staff Report dated October 19, 1987, labeled Exhibit C and Background Attachments 2 and 3, 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 establishment of the proposed land use activity or the issuance of building permits for tenant improvements related to that activity, and shall be subject to Planning Department review and approval. 1. Development and operation of the Margo's Dance Studio shall be substantially as shown on the Floor Plan dated received by the Dublin Planning Department on September 15, 1987, and as described by the Applicant's Written Statement, also dated received on September 15, 1987. The land use activity (dance studio) shall be limited to lawful dance lessons and instruction, and shall abide by all applicable laws and regulations. The dance studio shall be subject to entry by City Planning, Building, Zoning, Police and other Staff to make examinations and surveys in performance of their official duties and without interfering with the lawful use of the property. Building permits for the proposed tenant improvements shall be secured and construction commenced within one year after approval of this application or said approval shall be void. 2. Prior to the issuance of building permits for tenant improvements for the subject use, detailed floor plans of the tenant space shall be prepared by the Applicant and submitted for review and approval by the Planning Director. The plans shall detail any space where retail sales auxillary to the dance studio operation are proposed to occur. The extent and nature of retail sales shall be subject to review and approval by the Planning Director prior to their operation commencing. 3. Signage for this facility shall be consistent with the sign program currently in place for the remainder of this complex. Temporary signs used for special events or enrollment drives shall be subject to the process outlined in Sections 8-87.66 and 8-87.67 of the Ordinance (Signs requiring Administrative Conditional Use Permit or Conditional Use Permit approvals). 4. All activities associated with the exercise facilities shall be operated and controlled so as not to create a nuisance to the adjoining existing and future tenants in the subject light industrial complex. 5. Prior to the establishment of the proposed land use activity in the subject tenant space, the Applicant shall submit verification that the requirements of the DSRSD Fire Department have been satisfied. (The Applicant is referred to the letter dated October 8, 1987, from the Fire Department.) 6. Development shall comply with the City of Dublin Police Services Standard Commercial Building Security Requirements. 7. Except as may be specifically altered by this approval, development shall comply with the Conditions of Approval established for the Site Development Review permit covering the (S-757). 8. The uses established under this Conditional Use Permit shall be subject to review after the one-year anniversary of initial occupancy to determine compliance with the above conditions or to determine what additional requirements may be needed to assure that the Findings of Approval out- lined above in this document will continue to be met. The Planning Director may refer the matter back to the Planning Commission for disposition. -2- 9. Prior to the issuance of building permits for the proposed tenant improvements, the Applicant shall document that the School District Impact Fees of the Amador Valley Joint Union High School District/Pleasanton Joint School District, as applicable, have been paid. 10. Prior to establishment of the proposed land use activity, the following site work maintenance items shall be performed: a. Four additional parking spaces shall be supplied along the southeast building frontage, with two spaces each being established (including installation of wheel stops) in front of the areas which have been developed as glass store front tenant frontages in lieu of the planned roll-up doors. b. All on-site parking spaces shall be restriped. Handicap spaces (a minimum of two spaces) shall be relocated as generally depicted on the Staff Study - Parking and Site Layout Plan dated October, 1987. No parking spaces at this site shall be marked for exclusive use of specific tenants. The area in front of the roll-up doors shall be striped as no parking zones. c. Dead shrubbery adjoining the northwest side of the easterly trash enclosure shall be replaced with healthy shrubbery with the size and quantity subject to Planning Director review and approval. d. Both trash enclosure areas shall be cleaned out and the rolling trash bins shall be relocated, and maintained within the enclosures. e. The wheel stops for the two parking spaces adjoining the northwest corner of the structure shall be replaced. f. The center roll-up door along the west building elevation shall be repainted to match the other roll-up doors on this structure. 11. This approval is valid until October 19, 1990, and shall be revocable for cause in accordance with Section 8-90.3 of the Dublin Zoning Ordinance. The approval period for the Conditional Use Permit may be extended up to two additional years (Applicant must submit a written request for the extension prior to the expiration date of the Conditional Use Permit) by the Planning Director upon his determination that the Conditions of Approval remain adequate to assure that the above stated Findings will continue to be met. The Planning Director may, at his discretion, refer the request for extension to the Planning Commission for resolution. PASSED, APPROVED AND ADOPTED this 19th day of October, 1987. AYES: Commissioners Barnes, Burnham, Mack, Tempel and Zika NOES: None ABSENT: None Planning Commission Chairperson ATTEST: ^/• Planning Director -3-