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Home My WebLink AboutPCReso03-19 PA03-007 K&K Presents CUP RESOLUTION NO. 03-19 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING P A 03-007 K&K PRESENTS: CAST & COMPANY CONDITIONAL USE PERMIT TO ALLOW EXPANSION OF AN EXISTING DANCE STUDIO 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: A. 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. B. 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. C. 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. D. 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. E. 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. F. The proposed project is consistent with the intent of the PD Planned Development (P A 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. G. The proposed use is consiste.nt 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 P A 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 subiect to Planning Department review and approval. The following codes represent those departments/agencies responsible for monitoring compliance of the conditions of approval: rPLl Planning, rBl Building, rpOl Police, rpWl Public Works rADMl Administration/City Attorney, rFINl Finance, rFl Alameda County Fire Department rDSRSDl Dublin San Ramon Services District. rCOl Alameda Countv Department of Environmental Health. 1. 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] 2. 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] 3. The applicant shall comply with the previous conditions of approval for P A 91-082, except for those that are specifically amended as part of this approval. [PL] Page 2 4. The applicant shall be responsible for maintaining the site in a clean and litter-free condition at all times. [PL] 5. AIJ 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] 6. The applicant shall limit interior noises so as not to create a nuisance to surrounding commercials tenants within the shopping center. [PL] 7. 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] 8. The applicant shall be a good neighbor and not create a public or private nuisance to existing businesses and surrounding residential neighbors. [PL] 9. 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 fcderallaws 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 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] 17. The applicant shall contact the Fire Department at (925) 833-6606 to determine if Fire permits are required for the expansion. [F] 18. 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] 19. 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. [F] 20. The Applicant shall comply with alJ applicable City of Dublin Non-residential Security Ordinance Requirements. Existing security hardware shall be upgraded to new standards. [PO, B, F] 21. 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] 22. 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] 23. 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 22nd day of April 2003. A YES: Cm. Jennings, Nassar, King, and Machtmes NOES: ABSENT: Cm. Fasulkey '-"Y'~'~~ airperson ¿í ATTEST: 4 < -"vJ~~~ Planning Manager G:\pa03007\reso Page 4