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HomeMy WebLinkAbout03-007 K&K Cast & Co 04-08-2003 AGENDA STATEMENT PLANNING COMMISSION MEETING DATE: April 8, 2003 SUBJECT: ATTACHMENTS: RECOMMENDATION: PUBLIC HEARING- PA 03-007, K&K Presents: Cast & Company, Conditional Use Permit (Report prepared by: Jonelyn Whales, Associate Planner) Applicant's Written Statement Site and Floor Plans Resolution approving a Conditional Use Permit. 2. 3. 4. 5. Open public hearing. Take testimony from the Applicant and the public. Question Staff, Applicant and the public. Close public hearing and deliberate. Adopt Resolution (Attachment 3) approving PA 03-007 Conditional Use Permit for K&K Presents: Cast & Company located at 7228 San Ramon Road. PROJECT DESCRIPTION: The Applicant, Kimberly Iniguez, owner of K&K Presents: Cast & Company, is requesting approval of a Conditional Use Permit to expand an existing dance studio within an adjoining 1,056 sq. ft. tenant space at 7228 San Ramon Road. The dance studio is presently located in the adjoining tenant space at 7232 San Ramon Road. The building is used for the teaching of ballet, tap, jazz, hip-hop and modem dance to adults and children. The proposed expansion would allow two new classrooms, dressing rooms, and administrative offices. There will be 20 classes per week, with three to four classes per day. Additionally, plans are underway to hire one more full-time instructor, which would increase the size of staff from eight to nine instructors. The hours of operation will remain the same, from 2:30 p.m. to 10:30 p.m., Monday through Friday, and 9:00 a.m. to 4:00 p.m. on Saturdays. No classes are scheduled on Sundays. BACKGROUND: The subject site is located within the Strouds Plaza shopping center. All development applications are reviewed in accordance with the San Ramon Road Specific Plan (SRRSP). This project is in Area 3 of the SRRSP. The SRRSP was adopted by the City Council in 1983. At that time, the area was zoned for commercial and multi-family residential uses. Subsequently, the City Council authorized an amendment to Area 3 of the SRRSP. This amendment allows up to 25% of the total gross floor area of shopping centers (4 acres or more in area) to be utilized for personal service, financial institution or office uses. The City Council again amended the SRRSP to establish a subarea of the approved Area 3. This permits uses generally provided for by the C-1 Retail Business District. The property was later rezoned from C-1 Retail Business to a Planned Development (PD) Zoning District to allow a variety of commercial uses. G:\PA#~2003\03-007\PC Staff Report.doc COPIES TO: Applicant/Property Owner Project File Project Planner ITEM NO. This PD District also allows commercial recreation facilities subject to approval of a Conditional Use Permit. In 1991, the Planning Commission approved a Conditional Use Permit allowing a dance studio at this site (indoor recreational facility) containing 2,112 square feet of classroom space. The Applicant has leased the adjoining tenant space at 7228 San Ramon Road to expand the dance studio. All the construction required to merge the two spaces would be interior tenant improvements, including the removal of non-bearing walls and the addition of a door and interior walls. Moreover, the Applicant proposes to expand the dance studio by merging the two spaces. Staff learned of this proposal through a field visit prompted by a routine business license renewal. Afterwards, the Applicant was notified that a Conditional Use Permit would be required to expand the studio by more than 10% or over 1,000 square feet. Cast & Company submitted an application for a Conditional Use Permit because the newly leased space planned for the expansion is 1,056 square feet. ANALYSIS Pursuant to the SRRSP, Amendment to Area 3, (Area 3A), and the Planned Development District, indoor recreational facilities require the approval of a Conditional Use Permit. In addition, conditionally permitted uses in Area 3 have to comply with specific criteria outlined in subcategories 2 and 5 of the SRRSP. These subcategories require that the project be compatible with surrounding commercial uses and that all development proposals provide appropriate noise attenuation. Conditions of approval are included in the attached resolution, which prohibit the use of loud speakers or amplified music outside the building. The Applicant would also be required to ensure that interior noise levels are kept to a minimum so as not to disturb the adjoining Montessori Plus School and surrounding businesses in the shopping center. According to Section 8.12.050 (Permitted and Conditionally Permitted Land Uses) of the Zoning Regulations, Indoor Recreational facilities require the approval of a Conditional Use Permit. A Conditional Use Permit may be granted if the proposal conforms to all of the General Conditional Use Permit findings prescribed under Sections 8.100.060 and 8.28.010 of the Zoning Ordinance. There are no proposed changes to the exterior of the building. The tenant improvements for the dance studio will not change the function or convenience of the area. It will remain a functional and convenient neighborhood- serving commercial shopping center. Compatibility with Adjacent Uses The adjacent Montessori Plus School has been operating in the area for some time. It is not anticipated that the expansion of the dance studio would result in incompatibility issues with the school or other commercial tenants. Other tenants of the shopping center include restaurants, boutiques, hair salons, and offices for insurance and mortgage companies. The dance studio may also attract people to the other shopping center tenants. In general, the dance studio would be complementary to the services currently available at the shopping center. Noise There were no noise complaints or calls for service originating from the subject site filed with the Dublin Police Department. The initial conditions of approval for the dance studio ensure that the Applicant is responsible for ensuring that noise from the studio is not audible outside the facility. In addition, conditions of approval require the Applicant to continue to be responsible for all on-site activities. Page 2 Parking The project complies with the City's parking ordinance as it relates to the expansion of existing businesses and commercial indoor recreation facilities. Strouds Plaza has adequate parking for all its commercial tenants. The dance studio opens in the late afternoon and early evening while the majority of the other commercial establishments are closed during the evening. Therefore, because of the varying hours of the businesses in Strouds Plaza, no parking or circulation problems currently exist on the property. ENVIRONMENTAL REVIEW The California Environmental Quality Act (CEQA) Guidelines list those projects which are categorically exempt from environmental review. Section 15301 exempts minor alterations of existing facilities. This proposal to expand an existing dance studio into an adjoining tenant space will not require any alterations to the facade of the building. Therefore, the project is considered categorically exempt from the provisions of CEQA pursuant to Section 15301 (a) of the State CEQA Guidelines. CONSISTENCY WITH THE GENERAL PLAN AND SAN RAMON ROAD SPECIFIC PLAN The General Plan designates the site within the Retail Office Land Use Classification. This classification is consistent with the SRRSP designation for Strouds Plaza (Area 3A, San Ramon Road Properties). This area has the best potential for retail, financial institutions, personal service, and indoor recreation facilities. Strouds Plaza is enhanced by a variety of commercial uses that provide neighborhood shopping to the local community. The proposal is compatible with the size and character of adjoining tenant spaces. Staff has determined that the project is consistent with the City's General Plan and the SRRSP. REVIEW BY CITY DEPARTMENTS AND OTHER AGENCIES The Building Department, Public Works, Police Services, and the Alameda County Fire Department have reviewed the project. All of the concerns raised are addressed in the conditions of approval as outlined in the attached resolution (Attachment 3). CONCLUSION Staff supports the proposal because it would allow expansion of an existing dance studio into an adjoining tenant space rather than a relocation else where in the City. In addition, the proposal is compatible with the size and character of adjoining tenant spaces in Strouds Plaza. RECOMMENDATION Staff recommends that the Planning Commission: Adopt Resolution (Attachment 3) approving the Conditional Use Permit to allow expansion of an existing dance studio (indoor recreation facility) in the adjoining space at 7228 San Ramon Road. Page 3 GENERAL INFORMATION: Property Owner: Applicant: Location: Existing Zoning: General Plan Designation: San Ramon Road Specific Plan Designation: Richard Jeha Strouds Plaza Dublin Town & Country Associates 318 Diablo Road, Suite 250 Danville, CA 94526 Kim Iniguez K&K Presents: Cast & Company 7228 San Ramon Road Dublin, CA 94568 7228 San Ramon Road APN 941-40-10-1 PD Planned Development (C-1 Retail Business District) Retail Office Area 3A: San Ramon Road Properties Page 4 CON Dit[:~'~"PERI~T WRITTEN. STATEMENT F.OR'~ PRESENTS: iCAST &- COMPANY-THE DANCE CENTEI~. LOCATEDAT 7232':SAN~~N' RD~ In response to queStions: A) K&K PresentscCast:&'Company-The.~~ Center is a. dance. studio .c~urrenti~.-tocatedat 7228SanR-amon Rd..We~t~tap, jazz, ballet, yoga,:'~:hip~hop'~s~children, and: adults. We are. proposfng.-'-to.~.'o~.~nt-lOcation ~ toindude- 7232 San Ramer~.-R~, which.is.fl~espacedirectlyne~-.tothe studio. The reeson..~or.ou~.e~:is to provide~the.studer~ with' 'smaller.class sizes se.-we:~an-give.'.them more'specific and individual .attentie~. B) We currentlyhave:'eight:-teachem:atCast:.& Company-The DanceCente~.-t. am~t-y-ptanning to:hireone more'teaCher to teach pre-schoofdasses. C) The current h0um.of, opemtiona~:thedance studioare2:30pm, - 10:30pm. M(~jt-t~.u-Fridayand=9:'t~am - 4:00pm: Saturday. WeareciosedonSund~y. The new site will 'have the same hours-. -D) .Cast.& Company,TheDance Cc~ter targets mostly Children, but we do alse--effe~adut~:~,,Jasses, E) Cast & Com~-~he:~ Center:promotes creating-self ..esteemand:~~m;~~, Out. job is to teach-'the students differer~t..~of:dance/and'.[n doing this,.-we~-~h them many impodant:lessons. They team teamwork, dedication, se. Jf-disciptine;:andlove:of. the arts. The students set goals and work hard to attain; them: Some of our dance~s · . have toured China, won. numerous championships,.an~gone on to college with scholarships in. dance. Others just love coming to make-f 'nends' ~d.-have~. When a new student comes is our deers, we'ma~esu~eto~make them feel spec~a~ and proud of t[~mselves.':.Wewant everyone to feel as if they are part of our "family': .ATTAt.,-~MENT i F) We have been-~opecation,for'twel~..years and.have-never -had-~obl~~"~s~o~:~nts or bus~ses~ The expansion-ofourstudio.w~not~ anything;. G) Cast &Compar~.,-T-he~nc.e~Center.has~not .and ~~tihave-- a negative effect-orr thehealth:or'safety o¢ personS,residin~ or working in the ;~nit'C;ort~.'~ntal-.~to the public health, safe{y-er g ener'aCwetfare.- H) We have not'~eate~,ar~y, neg_ative-.~ts on proper~y, tra n sPortati on. ~~or-ex4stin~.iml3rovem en ts i rr:the- neighborhood"~thepas~twelve:years, and we will not'in the future. We are Iocated4r~.~sP~,-?a, ..VVe~-~I,.~ be changh~.any.of -the:eute~appear_ance-,ef:theshoppincj:cent~, inside 'our ~studio, at- 7228 San Ramo~_...Rd:we~a~.two-studios with. mi,'"cors · ar~d-43attet, bars, ~~ar'ea-mth~.',baCk~.room, and,two- restrooms. We- ..are-~,3si~-muCr~e-~ for 7232with~--the- exception of the:back-.'ch~ama,~:~.~ one studi~".Wewi~. also be installing aback-officein-ournew studio. Stroud's PiazaJs-the~~ic,~for:oucdance studi~..tt4s.a- very safe and nice~~ment-~f-the~amilies attending'the studio. It is well-tit; :and-thereisatways-ptenty of parking~for customers. Alsor. thereafe:-Cent~:ef:other~busine~es~around.that · our student's parents'frequerrtwhile'their'children ate in class. cast & Company,The'Dance Center-is'not-located on a hazardous waste and substances site. LIN PLANNING ITl ~"0 >z~ 8AN RAMON ROAD EIL/II,~DIN G Z ATTAuHMt::,., ~ [z RESOLUTION NO. 03- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING PA 03-007 K&K PRESENTS: CAST & COMPANY CONDITIONAL USE PERMIT TO ALLOW EXPANSION OF AN EXISTING DANCE STUD10 WITHIN AN ADJOINING 1,056 SQUARE FEET TENANT SPACE LOCATED AT 7228 SAN RAMON ROAD. WHEREAS, the Applicant, Kim Iniguez, K&K Presents: Cast & Company, has filed a Conditional Use Permit application to expand an existing dance studio (Indoor Recreational Facility), within an adjoining 1,056 square feet tenant space at 7228 San Ramon Road, in the San Ramon Road Specific Plan (Area 3A) Planned Development (C- 1 Retail) District; and WHEREAS the Planning Commission held a properly noticed public hearing on said application on April 8, 2003; and WHEREAS, the Staff Report was submitted recommending that the Planning Commission application be conditionally approved; and WHEREAS, the California Environmental Quality Act (CEQA), together with the State guidelines and City environmental regulations require that certain projects be reviewed for environmental impact and that environmental documents be prepared; and WHEREAS, the project has been found to be Categorically Exempt from the California Environmental Quality Act (CEQA), according to the CEQA Guidelines, Section 15301(a); and WHEREAS, the Planning Commission did hear and consider all said reports, recommendations and testimony herein above set forth and used their independent judgment to make a decision. NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission does find that: mo The proposed use will serve a public need by expanding an existing instructional dance studio designed to meet the indoor recreational needs of the local community. The proposed expanded use will not adversely affect the health or safety of persons working in the vicinity, and will not be viewed as detrimental to the public health, safety, and welfare because of its close proximity to retail shops, dry cleaners, restaurants and other commercial activities. Neighboring property owners in the vicinity of the project include the Montessori School, and some of the students also attend dance classes at the studio. Co The use, under all circumstances and conditions of this particular permit, will not be injurious to property uses or improvements in the neighborhood. The dance studio has been in operation for the past twelve years without any complaints from its immediate or surrounding neighbors. The dance studio will continue to complement commercial office use types in the neighboring shopping center. ATTACHMENT mo There are adequate existing provisions for public access, water, sanitation, and public utilities and services to ensure that the proposed use and related structures would not be detrimental to the public health, safety and welfare. No alteration or extension of such services would be necessary. The subject site is physically suitable for the type, density and intensity of the use and related activities being proposed because the site is currently developed as a commercial shopping center and the existing on-site traffic circulation patterns in Strouds Plaza is adequate to accommodate the expanded activities of the existing dance studio. The proposed project is consistent with the intent of the PD Planned Development (PA 86-050.1), especially all commercial use types, which encourages retail commercial and personal service uses to front on, or be visible from San Ramon Road and adjacent roadways. The proposed use is consistent with the Dublin General Plan and subsequent San Ramon Road Specific Plan in terms of land use and development standards. BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission does hereby approve PA 03-007 Conditional Use Permit to allow the expansion of an existing instructional dance studio (indoor recreational facility), as generally depicted by the site plan, labeled Attachment 2, stamped approved on April 8, 2003 and on file with the Dublin Planning Department, subject to compliance with 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] Alameda County Fire Department, [DSRSD] Dublin San Ramon Services District, [CO] Alameda County Department of Environmental Health. PA 03-007, K & K Presents: Cast & Company, Conditional Use Permit is approved to allow expansion of an existing instructional dance studio within a 1,056 square feet commercial tenant space located at 7228 San Ramon Road. This approval shall conform to the project plans stamped approved on April 8, 2003, labeled Attachment 2, consisting of a site and floor plan dated received by the Planning Department on February 4, 2003. [PL] This Conditional Use Permit shall be revocable for cause, upon the determination by the Community Development Director that the conditions of approval are not being met, or if the above related findings of approval cannot be met. Failure to comply with the conditions of approval or not to make progress on required improvements within 1 (one) year from the effective date of approval will cause the permit to become null and void. [PL] The applicant shall comply with the previous conditions of approval for PA 91-082, except for those that are specifically amended as part of this approval. [PL] Page 2 The applicant shall be responsible for maintaining the site in a clean and litter-free condition at all times. [PL] All activities associated with the dance studio shall be conducted entirely within the enclosed building and the hours of operation shall be from 2:30 p.m. to 10:30 p.m., Monday through Friday, and 9:00 a.m. to 4:00 p.m. on Saturdays. [PL] o The applicant shall limit interior noises so as not to create a nuisance to surrounding commercials tenants within the shopping center. [PL] No loudspeakers or amplified music shall be permitted outside the enclosed building. All activities associated with the dance studio shall be conducted entirely within the two commercial office spaces, 7228 and 7232 San Ramon Road. No performances shall be conducted in the parking area or in front of the main entrance to the building. [PL] The applicant shall be a good neighbor and not create a public or private nuisance to existing businesses and surrounding residential neighbors. [PL] All signs shall be subject to the signage regulations established in the Zoning Ordinance, Chapter 8.84. [PL] 10. The applicant/property owner shall keep the exterior of the building free of graffiti vandalism on a regular and continuous basis at all times. [PO, PL] 11. The project shall be in compliance with all appropriate local, state and federal laws and regulations and shall be in compliance with all conditions listed within the Municipal Code, Non-Residential Building Security Requirements, adopted standard conditions for non-residential building security. The applicant shall also comply with all applicable regulations, requirements and ordinances of the City of Dublin Planning and Building Department, Alameda County Fire Authority, and the Dublin Police Department. [PL, B, F, PO] 12. All project construction shall conform to all building codes and ordinances in effect at the time of issuance of the building permits. [B] 13. Prior to the issuance of building permits, all construction plans shall be fully dimensioned (including building elevations, if required) accurately drawn depicting all existing and proposed construction on site, and prepared and signed by an appropriate design professional. [B] 14. The applicant shall provide at least one 2A 10BC portable fire extinguisher for each 3000 square feet of floor area. Travel distance to an extinguisher shall not exceed 75 of travel distance and shall not be located between floors. [F] 15. The applicant shall provide exit signs in accordance with CFC 2001, Section 1212.2. [F] 16. Approved numbers or addresses shall be placed on all new and existing buildings. The address shall be positioned as to be plainly visible and legible from the street or road fronting the property. Said numbers shall contrast with their background. Individual suite numbers shall be permanently posted on the main Page 3 17. 18. 19. 20. 21. 22. 23. entrance doors or tenant spaces (CFC, 2001 Section 901.44). If rear doors to tenant spaces are installed, they shall include the numerical address corresponding to the front address of the tenant space. [F] The applicant shall contact the Fire Department at (925) 833-6606 to determine if Fire permits are required for the expansion. [F] Signage is required for fire sprinkler risers, fire alarm rooms and panels, roof access and any other location that may require access during an emergency. [F] A Knox key lock system is required. Applications are available at the Alameda County Fire Department, Fire Prevention Division, 100 Civic Plaza, Dublin, CA 94658. Completed application shall be returned with the building plans when applicant submits for a permit or prior to final inspection for occupancy. [FI The Applicant shall comply with all applicable City of Dublin Non-residential Security Ordinance Requirements. Existing security hardware shall be upgraded to new standards. [PO, B, F] On an annual basis, this Conditional Use Permit approval shall be subject to a review by the Community Development Director to determine compliance with the Conditions of Approval. [PL] This permit shall be revocable for cause in accordance with Section 8.96.020 (I) of the Dublin Zoning Ordinance. Any violation of the terms or conditions of this use permit shall be subject to citation. [PL] This approval shall become null and void in the event the approved uses cease to operate for a one-year period. [PL] PASSED APPROVED AND ADOPTED this 8th day of April 2003. AYES: NOES: ABSENT: ATTEST: Planning Commission Chairperson Planning Manager G:\pa03007~reso Page 4