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Home My WebLink About5.1 Deny Appeal Wildis No America All Seasons AGENDA STATEMENT CITY COUNCIL MEETING DATE: June 24 , 1985 SUBJECT: PUBLIC HEARING Appeal of Planning Commission Action to deny PA 85-022 Wildis North America Corporation All Seasons Riding Academy Conditional Use Permit EXHIBITS ATTACHED: A - Draft Resolution denying the application Background Attachments 1 . Letter from Stel Papadopoulos dated 6/19/85 2 . Letter from Phyllis Nelson dated 6/16/85 3 . Letter from Jeanne Wold dated 6/10/85 4 . Letter from Stel Papadopoulos dated 6/6/85 5 . Appeal letter from All Seasons Riding Academy dated 5/14/85 6 . Letter from Wildis North America Corporation dated 5/6/85 7 . Letter from All Seasons Riding Academy dated 5/6/85 8 . 5/6/85 Planning Commission Staff Report with attachments 9 . Minutes of 5/6/85 Planning Commission Meeting RECOMMENDATION : _ 1 - Open public hearing and hear Staff presentation 2 - Take testimony from applicant/appellant and public 3 - Question Staff, applicant and public 4 - Close public hearing and deliberate 5A - Adopt resolution denying application, or ----------------------------------------------------------------- ITEM NO. �� COPIES TO: Wildis North America Corp. All Seasons Riding Academy; Planning Department 5B - Direct Staff to draft resolution approving application and continue item FINANCIAL STATEMENT: None DESCRIPTION: On May 6 , 1985 , the Planning Commission reviewed PA 85-022 Wildis North America Corporation/All Seasons Riding Academy Conditional Use Permit application. The two major proposed uses were : 1 ) therapy center for disabled and non- disabled athletes , and 2 ) a place for public gathering, including classes, potluck dinners, meetings, and bingo. At the meeting, the Planning Commission received; Supplemental information from All Seasons Riding Academy Written and verbal request for denial from Wildis North America Corporation, property owner Public testimony from numerous parties : some supporting the application; many opposed The Planning Commission unanimously denied the application, finding, in part, that : 1 . The use would be detrimental to the economic vitality of the existing commercial tenants and the center at large. 2 . The use would be inconsistent with the C-1 District intent to provide areas for comparison retail shopping and office uses . 3 . The use would be inconsistent with the General Plan policy which calls for strengthening existing shopping centers . On May 15 , 1985 , the Staff received a letter of appeal from Stel Papadopoulos , Executive Director of All Seasons Riding Academy. On June 6 , 1985 , Mr. Papadopoulos requested the City Council to continue his ; appeal until June 24 , 1985, because of school finals . On June 10 , 1985, the City Council opened the public hearing, heard several comments in opposition to the application, and continued the public hearing until June 24 , 1985 . On June 19 , 1985 , Stel Papadopoulos, the applicant/appellant, requested a second continuance in order to try to develop a compromise regarding his bingo operation. He said he will attend the June 24 , 1985 City Council meeting to discuss his request. Staff feels that land use, rather than bingo, is the major issue with the application. Staff recommends that the City Council discuss and make a determination on the land use issue. If the land use is denied, the bingo question would be moot. If the land use is approved, the bingo question could then be addressed. The application involves three issues : 1 . Is the proposed land use consistent and compatible with the General Plan policies, zoning, and surrounding area? 2 . Should the property owner ' s opposition cancel the application? 3 . Is competition with other bingo games grounds for denying the application? 1 . Land Use General Plan policy 2 . 2 . 3A Neighborhood Shopping Centers reads : Strengthen existing neighborhood shopping centers . The proposed site is zoned C-1 (Retail Business) District with the intent "to provide areas for comparison retail shopping and office uses , and to enhan.e their usefulness by protecting them from incompatible types of commercial uses . . . The Planning Commission and Staff concur that the proposed land use of the 23 , 000+ square foot anchor tenant space in the Village Square Shopping Center would be detrimental to the economic vitality of the shopping center. The use was found to be inconsistent with the intent of both the General Plan and the C-1 (Retail Business) zoning district . 2 . Property Owner Opposition As part of the City ' s Planning Application Form, Stel Papadopoulos of All Seasons Riding Academy, signed a statement representing to have the property owner' s authorization to file the application. � Wildis North America Corporation, the property owner, leased the space to Alpha Beta. All Seasons Riding Academy, the applicant, is proposing to sublease the property from AGE, who is subleasing from Alpha Beta. Staff considers this a private matter between the property owner and lease holder, rather than a public matter for the City to decide . Should the City Council approve the application, however, the applicant should be required to show proof that they have the legal authority from the property owner to use the site. 3 . Bingo Competition Many of the people who spoke against the application at the Planning Commission public hearing were opposed to an additional bingo game competing with their existing bingo operations in the Tri-Valley area. While certain aspects of the proposed bingo operation, such as parking, traffic, or noise, might be planning concerns, competition with other bingo games is not grounds for denial . The Planning Commission and Staff recommend denial of the application because the use appears to be inconsistent with the General Plan, zoning, and shopping center use rather than because .of competition with other bingo games. " Staff recommends that the City Council adopt a resolution denying the application. Should the City Council want to approve the application, the City Council should direct Staff to draft a resolution approving the application with appropriate conditions and continue the item until the next City Council meeting. ' RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ----------------------------------------------------------------- DENYING PA 85-022 WILDIS NORTH AMERICA CORPORATION/ALL SEASONS RIDING ACADEMY'S CONDITIONAL USE PERMIT APPLICATION AT VILLAGE SQUARE SHOPPING CENTER, 7373 VILLAGE PARKWAY WHEREAS, All Seasons Riding Academy filed an application for a Conditional Use Permit to allow use of the former Alpha Beta Market located within the Village Square Shopping Center at the northeast corner of the intersection of Village Parkway and Amador Valley Boulevard, more specifically described as APN 941-197-079-08, as a commercial recreation facility; and WHEREAS, the adopted City of Dublin Zoning Ordinance restricts the operation of a commercial recreation facility in a C-1 ; Retail Business District until a Conditional Use Permit is secured; and WHEREAS, the Planning Commission did hold a public hearing on said application. and did deny said application on May 6 , 1985 ; and WHEREAS, on May 15, 1985 , Stel Papadopoulos, Executive Director of All Seasons Riding Academy, filed a timely appeal of the Planning Commission action; and WHEREAS, the City Council did hold a public hearing on said application on June 10, 1985 and, at the appellant ' s request, continued the public hearing until June 24 , 1985; and WHEREAS, proper notice of said public hearing was given in all respects as required by law and included notification of existi.ng tenants within the subject Village Square Shopping Center; and WHEREAS, this application has been reviewed in accordance with the provisions of the California Environmental Quality Act and has been found to be categorically exempt; and WHEREAS, the Staff Report was submitted recommending that the Conditional Use Permit application be denied; and WHEREAS, the City Council did hear and consider all said reports, recommendations and testimony herein above setforth; and WHEREAS, the City General Plan includes language calling for the strengthening of existing neighborhood shopping centers; and WHEREAS, the Staff Report for this project advised the City Council of Staff ' s concerns that establishing the proposed use in the subject tenant space of the Village Square Shopping Center would serve in the long run to adversely impact the vitality of the center as relates to the amount of commercial traffic visiting the center. NOW THEREFORE, BE IT RESOLVED THAT THE City Council does hereby find that; 1 ) The requested use will not be properly related to other land uses and service facilities in the vicinity. 2 ) The requested use will be materially detrimental to the public welfare . More specifically stated, the use would be detrimental to the economic vitality of the existing commercial tenants and the center at large and may in the long run adversely impact the economic vitality of the community at large. 3 . The requested use will be contrary to the specific intent clause established for the C-1 District. More specifically stated, the use would be inconsistent with Section 8-48 . 0 of the Zoning Ordinance which states the C-1 Districts are established, in part, to provide areas for comparison retail shopping and office uses . 4 ) The requested use will be inconsistent with the Guiding Policy of the General Plan as it relates to Neighborhood Shopping Centers which calls for the strengthening of existing centers . BE IT FURTHER RESOLVED THAT THE Dublin City Council does hereby deny said application . PASSED, APPROVED ADOPTED this th day of 1985 . AYES : NOES : ABSENT: Mayor ATTEST : City Clerk �� Seasons q�iding (-Academg R E C E I V E D 4 43510 Osgood Toad JUN 191985 Lemont. CaQi�o�nia 94538 CITY OF DUBLIN %Oep4ow 661.7390 June 19, 1985 City of Dublin Development Services P.O. Box 2340 Dublin, CA 94568 ATTN: City Manager & City Council REG. : Public Hearing Date Change Request. Dear Sirs: Thank you, in advance for extending the appeal hearing set for June 24th, 1985, to July 8th. This time is very much appriciateds, due to my sched- ule I had not the time avaliable to prepare for the hearing date set. The hearing is for the Appeal of Planning Commission Action to deny PA 85-022 Wildis No America Corporation/All Seasons Riding Academy's Conditional Use Permit. A ,opoulos e Director cc: 1 Cr, �-ICJC-r•--: y ✓U'�-yn- LLB/. jyn /' / 9 J I � c-�_ �"� /�;-'tip"� �/..."�' "`• ��°. �� U i � I R E I Y E D -- JUN 19 1985 ,` DUBLIN PLANNING RECE E ° PLANNING DU CL ",Z�e Cf� Lx"� _ ,1 l_�L1�j�,(\C�w1-� _.� �� ..��.>-�Q.,cit-vim 0�.,2.� -� 'J..-�—"•'w � �.,'�9.c..c�� -- - -- .- ---— �i;��L-� �/L-t'.`'V '-� � c'Ci..�'��'�.L''(�L( �.,i�•i_..WP-Q_ ��ti_J-�.J +t-�G....� L v RM0 A._ ,'F,R310R1: SO(CET (TV' ' SOCCER;5�tn 1,11 1"1010R1; SOCCER 11:'A (:I T CLUB • P. 0. 80 X 881 LIVERMORE, CALIFORNIA 94550 RECEIVED January 24, 1985 DUBLIN PLANNING Chief Mel Nelson Livermore Police Department 1050 South Livermore Avenue Livermore, Ca. 94550 Dear Chief Nelson: I am writing to you today on behalf of the Livermore Boys Soccer Club. Due to the continued rise in costs as well as a continued decline in enrollment and Coupon Book Sales, we are now facing a critical stage for our Clubs financial existance. I have researched many possibilities into ways to increase our Clubs income. Some ways are: Raise registration fees, which if the current trend continues, parents will soon be faced with an unafforadable fee. Another Door to Door fundraiser along with Coupon Books will become too much of a burden to ask of our children. It will no longer be FUN for them to play SOCCER. I sincerely feel the best fundraiser should be one which the adults take charge, and let our children be lifted the burden of an adult problem. I have talked extensively with Mr. Tony Politz of the Livermore Elks Organization about their Bingo Program. They re- cently agreed to let our Club use their Livermore facility on Sunday's. I assure you, I and my committee will work with Mr. Politz to ensure a reputable Bingo program. I hope you will grant us the permit, as well as your blessings. In doing this, you will help us in our endeavor to keep the youth of our community off the streets, and into a fine quality sports program like the Livermore Boys Soccer Club. I will be looking forward to hearing from you soon. JSincerely, �' Z�� (.0 ld, Director Livermore Boys Soccer Club QQ �easors �(d( gcaderny 43510 Osgood load D �,�e�+oxt. CaQ(�o,�n(a 94538 a� V hp" 6SI.7390 RECEIVED 'JUN G 1985 CITY OF DUBLIN June 6, 1985 City of Dublin Development Services P.O.Box 2340 Dublin, CA 94568 Attn: City Manager & City Council Re: Public Hearing Date Change Request Dear Sirs : It will not be possible for me to attend the appeal hearing on June 10, 1985; due to prior committments to my teaching. Thank you for your considerat'_on in rescheduling the hearing to June 24, 1935 regarding the Appeal of Planning Commission Action to deny PA 85-022 Wildis No America Corporation/All Seasons Riding Acadenri Conditional Use Permit. Sincerely, , Stel Paoadopoulos Executive Director S P:lay 1 n I ' �,4QQ Seasons Riding ca emy d 42M Osgood Road ,Q Uxemut, edtJowa 94538 CT ehp" 651.7340 May 14, 1935 Kevin Caley City of Dublin Planning Dept. Re: 7373 Village Parkway, Dublin California Dear Kevin, This letter is to formally appeal the Planning Commission decision on the, Conditional Use Permit Application at 7373 Village Parkway, Dublin. Please advise of any filings that may be necessary to make this appeal to City Council. Thank you for your assistance. S inc e z -S a Pa o 1'0 s R --�cecutive erector SP:kw l I , l t WILDIS NORTH AMERICA CORPORATION SUITE 1123, GRAMERCY TOWER ' 1177 CALIFORNIA STREET, SAN FRANCISCO, CA 94108 U.S.A. TELEX 34327 GFIUR TEL. (415) 775-1925-1928 MAY 61f 1985 CITY OF DUBLIN PLANNING C01%MISSION SUBJECT: Notice o6 App.eica.t.ion Son Change o6 Use Pexm.i.t PA 85- 022 AU Seasons Riding Academy box a Cond.i.t.ioj.at Us e P exm.i.t. TO WHOM IT MAY CONCERN: w.i.ed,iz NoAth Amexica Coxpoxa.t.ion (WNAC) , pxopex.ty owne,ts 66 the DubZin V.iUage Squa:te Shopping Centex, Dubtin, CaZiSo,tn.ia .inc ud.ing Unit # 7373 is in accoxdanee to the notice and documen- t d6eeo by City a ` Commission xupon ing to the abovexe6exencdappT cationas6o� ows 7 . WNAC is not and did not app.2y box on xeoues.t a change o6 zoning ox occupancy penm.i.t xequLtemen-ts �o•t the said pxopexty ox appY..ican�. 2 . WNAC does noti have any know.l'edge about the appZican,t o j the,ix said use 06 the pxope,ttu. 3 . WNAC does not appxove o6 any xequest- 6o.t change in the bu,iZd.ing stxue.tuxe eithe,t ,intiexio,t on e-cty iox xeia-t ing to the above appZicantis usage. 4 . WNAC does noti be.Zieve this appZi.eant would p,t iovde as the anchox tenant ,in the cen;e,t h2 necessaxu d.ta:u Got the addtionaZ cus.tomexs xeoui•ted 0 6ae%�itia e usaae o6 the i existing mantis p,toduc.ts o'-L. sexvices in the centizt. In view o6 this ,in6oxmaz-ion, WNAC betievez that the PZann.ing Commiss- ion shou.l'd deny the ap,,jZica,t.ion PA 85-022 and xe.ta.in the occupancy and use codes now in e6 yec-t box the een.te.t. We .thank you Sot youx kind attention eoncexning .th.cs ma•t.tet, -we xema.i.n S.ineexety you,YS, Witd.iz Noxtih Amex.ica Coxpoxat.ion JAMES A ROTH Coxpoxate S eexe.taxy 43510 Osgood Toad �,te�to��, CaQidor�riia 94538 ��410oo 651.7390 May 6, 1985 Development Services P.O. Box 2340 Dublin, CA 94568 Attn. Kevin Gailey Re: City File YPPA 85-022 Dear Mr. Gailey, The Following answers are in response to your questions, subsequent to your review of Application YPPA 85-022. 1. One hundred percent of the current student body and volunteers will utilize the new location, weekly. 2. Approximately f if ty .persons per hour will utilize the facil- ity five days a week, 9:OOA,M, to 4:30P.M. 3, ASRA has only the Equestrian Center in Fremont, Ca, 4. There maybe other facilities available but not for the cost and terms of this one. 5. Instructor quarter ly, Monday thru Saturday between the hours 6. Proposed area of use is the 17,400 square feet of floor space. 7. Proposed uses of the building have been discussed with Vic Taugher and we have an understanding of the code requirements. Only proposed uses are therapy center, classes and meetings, fundraising-potluck dinners, bingo. (No liquor) 8. There will be no overlap of activities and its possible we could rent to other similar activities consistent with our own parameters. If you have any questions concerning this report please call.Stel Papadopoulos .(415) 6- 7390. Sin ereYy, RECEIVED ap 3�po�slos /E/ec v Director •. ;'�H� • w )UBLIN PLANNING NNING moo f S d 7 Y.i CITY OF DUBLIN PLANNING COMMISSION AGENDA STATEMENT/STAFF REPORT Meeting Date : May 6, 1985 TO : Planning Commission FROM : Planning Staff r' SUBJECT : P.\ 85-022 All Seasons Riding Academy Conditional Use Permit GENERAL INFORMATION PROJECT : All Seasons Riding Academy 's request for a Conditional Use Permit to allow use of .the former Alpha Beta Market as a commercial recreation facility. APPLICANT: Stel Paoadopoulos, Executive Director All Seasons Riding Academy, 43510 Osgood Road, Fremont, California 94539 PROPERTY OWNER : Wildis North America Corporation 1177 California Street, Suite 1123 San Francisco, California LOCATION : 7373 Village Parkway Dublin, California 94568 ASSESSOR PARCEL NUMBER . 9'.1-197-079-08 PARCEL SIZE : The 23 , 000_ sq. ft . tenant space is rouchly centered within the seven acre Village Scuare Shopping Canter EXISTING ZONING AND LAND USE: C-1 (Retail Business) ; Community Shopping Center SURROUNDING LAND USE AND ZONING : North: Church Complex, R-1-B-E East : Residential, R-1-B-E South: Mixture of Commercial and Residential (C-1, C-N, and R-1-B-E) West : Residential,; R-1-B-E ZONING HISTORY AND BACKGROUND INFORMATION: On November 5 , 1969 , the Alameda County Planning Commission. aocroved Site Development Review submittal S-283 for a 61, 250_ square foot shopping center on a 6 . 4= acre property . The acoroved plan for the Village Square Shopping Center indicated a total of 309 parking spaces • Stores proposed included an Aloha Beta Market, 'a bank , a druc s=ore , restaurant, an architec urall / revised J,ac',c-in-the-Box drive-tnrcugh restaurant and otie_ unspecified retail stores and 0':.: s . As indicated in the letter dated March 22 , 1985, from Denis Mathew on ( the commercial broker handling the leasing of subje. tenant s ,ac(2 ) , Alpha 8,2r- a Clost'd dcwn their operation at/this a!:o . s/ubseC;-e!lt to tad L p 1` ] 1 :n<: t•.?r 1-SllYJ�r 1�e-'Jith the cresenz: A ha Beta e.^ _ :� i^ r ----------------------------- r lessee , AGE , wtlo proposed to operate a discount liquor store and an appliance outlet in the 23 , 000+ square foot tenant space . The tenant space has remained vacant for approximately four years . APPLICABLE REGULATIONS : The following sections of the Zoning Ordinance and General Plan relate specifically to this application : ZONING ORDINANCE : Section 8-48 . 0 states in part that Retail Business Districts (C-1 ) are established to provide areas for comparison retail shopping and office uses . The Zoning Ordinance allows a commercial recreation facility to be operated, other than a movie theater and if within a building, in a Retail Business District when approved as a Conditional Use (Section 8-48 . 2 (b) ) . 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 wor:{ing in the vicinity; and 4 ) whether or not the use will be contrary to the specific intent clauses or peformance stanaards establ-shed for the district in which it is located. Section 8-94 . 4 states the approval of a Conditional Use Permit may be valid only for a specified term, and may be made contlnc,en t upon the acceptance and observance of s:.ecif ied conditions , inc-udinc but not limited to the following matters : a) substantial con-for-n-4 --y to approved plans and dray ; cs ; b) limitations on time cf day for the conduct of s_ecified activities ; c ) time period within which the approval shall be exercised and the proposed use brought into existence, failing which, the approval shall lapse and be void; d) guarantees as to compliance with the terms of to approval , including the posting of bond; e) compliance with requirements of other departments of the City/County Government . l GENERAL PLAN : / 1: 8 . 1 Land Use Classifications Commercial/Industrial Re-3; 1 /Office - Shopping centers , stores , restaurants , b:-:s 'lej� and protf ess ' cnal offices, motels , SerV:Ce St3�iCRS l, a d sale of auto parts are included in this classi icat; " Residential use 1S e:.:cluded except In the DG'NRtG'•iR fl cat icn Area - 2 . 2 . 3 Nraighborhood Shopping Centers { Guiding Policy A. Strengthen existing neighborhood shopping centers . Competition from downtown and from north of the County line leaves no trade area within the primary planning area for neighborhood shopping centers other than Dublin Square, San Ramon Village Plaza , and Village Square . 8 . 1 . 1 Structural and Grading Requirements Implementation Policv A. All structures shall be designed to the standards delineated in the Uniform Building Code and Dublin Grading Ordinance . A design earthquake shall be established by an engineering geologist for each structure for which ground shaking is a significant design factor. ENVIRONMENTAL REVIEW: Categorically exempt NOTIFICATION : Public Notice of the May 6, 1985, hearing was publishes in the Tri-Valley Herald, mailed to adjacent property owners , and posted in public buildings ANALYSIS : From the outset of discussions between planning Staff and the project proponents , Staff indicated reservations Staff would have about using the 23 , 000 square foot anchor tenant space in the village Square Shopping Center for a use other than a traditional retail business use. The use proposed for this tenant space is detailed in the written s ` tatemen submitted with the aplication (see . � 2 ) . The two major activities proposer have been Attacnment - described as follows : 1 ) THERAPY CZ—NTER - Space for body conditioning and training for athletes (disabled and non-disabled) , within the 13 , 000+ square foot multi-purpose area. The tenant improvements in the multi-purpose area are proposed to be limited to the installation of carpeting and/or padded areas and use of benches and exercise equipment. 2 ) PLACE FOR PUBLIC GATHERING - To provide a space for class instruction. (teaching of instructors) , a place for. membership meetings and a place to host fund raising activities such as pot luck dinners, seminars, and bingo. The applicant is proposing that the 13,000+ square foot multi-purpose area would be used for these functions. 1 Staff has advised the applicant that additional information regarding the prcposed uses of the tenant space is necessary to facilitate Staff ' s analysis of the aporopriatness of said uses and of the potential impacts associated with the propcsed uses ( St3ff ' s letter dated April 12 , 1985, see Attachment Vii . Star request elaboration on the proposed uses , including r��cuests to indicate the hours/days of asse^�b1v uses a^.d what o �erlac , if any, with the theracy cente_ uses may occur . Additionally, Staff requested an indication as to whether areas would be made av3i13b1e for rental to non A. S .R.A_ uses such as weddings, dances , etc . Answers to these inquiries would be mandatory prior to any a�firma tive action on this proposal , as that information would dictate the numerical parking recu� rements for the center and would have implications as / to the amount_ of ancillary improvements to the tenant space / gnat .would be J For discussion purposes , Staff made several assumptions as to the likely occupancy levels of the subject tenant space . These assumptions are detailed in the chart labled "Village Square Shopping Center Parking Analysis - Chart II Adjusted Parking Requirements" ( see Exhibit B) . That parking analysis assumes that the applicant will partition the tenant space into smaller spaces each with an occupancy load not in excess of 300 people . The Building Official has advised that a change in occupancy from a B-2 ; business occupancy to an A-2 ; assembly occupancy will necessitate interior alterations to meet fire and seismic loading code requirements . A 300 - person occupancy load constitutes a thereshold occupancy level that would apparently require extensive internal building improvements to satisfy code requirements regarding fire and seismic loading regulations . For that reason it is anticipated that the tenant space partitioning would be pursued as suggested in Chart II, or in some other comparable manner . As indicated previously in this report, the City 's General Plan calls for the strengthening of the City's existing neighborhood shopping centers . The ,site is also included in the Downtown Improvement Plan area recently designated by the City Council . Based on the General Plan guiding policy and potential Downtown Improvement Plan policies, it is Staff ' s stated position that a high volume retail business outlet would be considered a more appropriate type of tenant occupancy for the tenant space . The 23, 000 square foot tenant space constituters almost over one-third of the square footage of the Village Square Shopping Center. The long- term economic viability o the 28� tenan�s in this center, and the shopping center ' s viability at large, will be greatly impacted' by the type O: tenant CCC1CanC_V U1ti matelV located within this 23 , 000 square foot space . As the projected development in the northeast corner o= the City unfolds ( 2 , 170- dwellinc units anticipated to be adder to the residential base exist- ; in 1983) the past prcbie�s encountered in securing a more appropriate tenant for this anchor space of the Villace Square Shopping Center may be alleviated. Based on the above analvsis , Staff recommends that the proposal to establish a commercial recreation facility in the former Alpha Beta Market space be denied. RECOMMENDATION FORMAT: 1) Open public hearing and hear staff presentation 2 ) Take testimony from applicant and the public l 3 ) Question staff , applicant and the public 4 ) Close public hearing and deliberate 5 ) Adopt Resolution denying the Conditional Use or continue to allow applicant to supply succlemental information . ACTION : Staff recommends the Planning Commission adopt the attached Resolution ( E::hibit C) denying Conditional Use Application PA 83-022 . -4 - ATTACH%ieLN TS Exhibit A - Floor plat', Conditional Use Permit submittal Exhibit B - Parking Summary Charts Exhibit C - Resolution denying Conditional Use Permit Background Attachments 1 - Location maps 2 - Applicant ' s Justification and Description of Project ( letter dated received March 18 , 1935) 3 - Letter from Commercial broker providing background information (letter dated March 22 , 1985 ) 4 - Letter from Planning Department to applicant requesting supplemental information (letter dated April 12 , 1985 ) 5 - Site Plan for center indicating approved plan 6 - Site Plan indicating existing layout 7 - Comments received from Building Inspection Department 8 - Cemments received from DSRSD Fire Department COPIES TO wild-is North Aimerica Corporation Attention : James A. Roth All Seasons Riding Academy Attention : Stel Pac_ adocoulos Ccldaell Bankers Attention: Denis Mathe%%rson AGE Licuors At ration : Mark Seeman l l -5- IT :i • - -- - .: - •— Rao►;' ' ... .. ..i • _ Pc nT� . 5/c �s �• II -II•`. 111E R f C f I V E 0 —��• .1 1 `.t;I•.I� ,• ` �•L.I'•I' -'-v I•,'-- _J'-s.1.!u+_La!�--�, VILLIGE SL`jpjI. SIIOE'PIt7G CEVITM PARKI`1G Ri` \LYSIS - CfLVt'r I F-{ISrIir, Ptl[tMX-, LAYOUr/RL••OUIRL�1 -'1 S Gross Net Size (SF)* Required Parking :Pesuired Parking Building Retail (1 SP @ Restaurants(1 SP Size (SF) 300 SF) 4 Cccu ants/60 SF 1. 5,750** 1,731 Retail 5.9 --- 3,631 Restaurant --- 61 2. (149 seats) � 2,400 2,280 7.6 --- 3. 5,000 4,750 15.8 --- 4. 22,475 20,227 67.4 --- 5. 6,750 6,412 21.4 --- 6. :: 12,150 33.5 --- - 7. J 3,600 3,d20 1i .4 --- Jack-in- t`:e Box 900 555 (27 seats) Coccer _-- 59 5 let 3,750 3,562 (120 seats) r� ILLS 62,775 SF 53,Sit S? 163 Scaces 13.1 Sc ace=_ P: U-%O '2=L = 302 spaces l S, the re} s'-° C- buildings dings in the ce t�r 'r.�s ce�� es�_^?�e� * Fcr S,!!(1721_ iY_cse _ - _ 'j-t: Cr��:� to be 9�3 Ci C-cs e_{ce=z Buil(ii .0 3, Sv771C 1 �G2':�':SZ OE its 5_Ze, lc`1CL1� and scace develcCe� for s-Crace was est_7at-d to have d rem S:Z° 9�$ CE C:c55. t,c resta=ant Use's in t.!1-is bLLlding were esti:mated to involve 3,875 SF CE the 5,750 Sr in t-LS building VILLAGE SCUIV'E. SiioC'PING PARNING AMAULSIS - CILYa II r ADJTJSTM P.,1RKIIZZ REQUIRE ga"M Breakdown of adjusted perking req uirements of Building 3 reflecting procesed tenant use; a) 1,000 SF office space (1 so @ 250 SF) 4.0 spaces b) 5,500 SF storage space (1 sp @ 1,000 SF) = 5.5 spaces C) E: ercise/assembly area Area A; Assure 4,500 SF for Therapy Center (To give maximum 300 cccupants with one person @ 15 SF) Parking Requirement is 1 S? @ 6 cccupants = 50.0 spaces - ..:Area B; '-Assurre 4,500 SF for Assembly Area f.: (To give maximum 300 cccupants with one person m @ 15 SF) Pa_r,<,-c Rem.ireTe.^.t is 1 S? @ 6 cccupants = 50.0 spaces - Area B; Pssurre 5,300 Net Remaining for Retail Sublet Rec,-i =_^ents is 1 S? @ 300 Sr = 17.7 spaces ?djusted Par'.{irc Rer--:i-eme^t _ for Total pui1 ding 3 127.2 sacas Adjustac Total Eui-ding 3 127.2 s.aces P_cjusted Total 23 .6 spaces New Total For Center 362 s.ac_s -7- RESOLUTION NO . A RESOLUTION OF THE PLANNING COMMISSION OF THE CITX OF DUBLIN _ DENYING PA 85-022 WILDIS NORTH Ai USE RPERi`1IOTRROQUESOTNTO ALLO�S�NS RIDING ACADEMY ' S C0N COMMERCIAL RECREATION FACILITY IN THE FORi1ER ALPHA BETA MAIRKET LOCATED IN THE VILLAGE SQUARE SHOPPING CENTER WHEREAS, Wildis North America Corporation/All Seasons Riding Academv request approval of a Conditional Use Permit to allow use of the former = Alpha Beta Market located within the Village Square Shopping Center at the northeast corner of the intersection of Village Parkway and Amador Valley Boulevard, more specifically described as APN 941-197-079-08, as a commercial recreation facility ; and •:.' City of Dublin Zoning Ordinance WHEREAS, the . adopted . restricts 'the operation of a commercial recreation facility 'in 'a 1' C-1 ; Retail Business District until a Conditional Use Permit is secured; and WHEREAS the Planning Commission did hold a public hearing on said application on May 6, 1985 ; and WHEREAS, proper notice of said public hearing was given in - all respects as required by law and included notification .of exis `inc tenants within the subject Village Scuare Shopping Center; anc WH EREAS , this application has been reviewed in accordance with the provisions of the California E nl i=cr;mengal Quali tv Act and has be°. found to be cate,cr_cally exec.t; anc Tnc:EREAS , the Planning Commission finds that the Conditional 'Use Permit will net have a significant envi-ronmental impact; and Trv"HEREAS , the Staff Report was submitted recommending that the Conditional Use Permit application be denied; and : - WHEREAS, the 'Planning Commission did hear and consider all : said .'reports , . recommendations ::and .testimony herein ••above setforth; ' and ..._ ... . WHEREAS, the City General .Plan includes language calling ..for :the strengthening of existing neighborhood shopping .:centers ; . acid J WHEREAS, the Staff Report for this proDect advised the Planning Commission of Staff ' s concerns that establishing the proposed use in the subject tenant space of the Village Square Shco_ oing Center would serve in the long run to adversely impact the vltal'_t'/ Of the center as relates t0 the mount OL C0 t�rCial traffic visiting the center . NOW T:iEa ?ORE, BC IT RESOLVED THAT THE P:a,.n_nc Ccm„mission does here-/ find that ; 1 ) Tne re ues ze d Use wJ 11 not be properly related to other land uses and servic'� f.:.c_li_-e5 in the vic:nit./. 2 ) The requested use will be materially detrimental to the pubL ; c welfare , ,lore specifically stated, the use would be der -_. .entaL the eCOnGm1C vitality of the e:c:shed comm..e:cial t?.. 1n_� and ` e C2' _''- a`- 1a.7o and ma'/ In t^e 1 o :n ai--,ers?� ;/ 1 •/ c t:^e ccmmua_�;/ a _ '.r�e - i. •1ct t:�a ecor.c� __ v _ta _ - . 1 3 . The requested use will be contrary to the specific intent clause established for the C-1 District. More specifically stated, the use would be inconsistent with Sec-lion 8-48 .0 of Zoning Ordinance which state fo hecomparison . tetaile h shopping- in part, to provide are office uses • 4 ) The requested use will be inconsistent with the Guiding Policy of the General Plan as it relates to Neighborhood Shopping Centers which calls for the strengthening of existing centers . BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission does hereby deny said application. PASSED, APPROVED ADOPTED this 6th day of clay, 1985 °. .AYES : "NOES . Planning Commission Chair:aan ATTEST: Planning Direc�or ,. ( ;:\;..,,::•::;.;:;:. -� 7• - .T i 1 11 I' .t. t r 1 a n I r\ C i _ e �✓ e jr1i\A a L I F f' �J v •1 .r. �t v ��. f=. •�\..j� `ip.,w,.�.�' '..APB �A r s\t`:•V•f^' •� yy/� .•r -'t.l•{ `fit: � ... �, .Il•I r/ I \.I 'r ,tr 't I , J Ij \� tom• '1 t . .�-. -:l••.•':.•:':.��::':':..:.::.:'. V11 �.0 r• t� ��J 1,��/tt✓\// � - ::��.:::�:.l�:t all_. �, f•,J Yom. 1;;:�;P♦Rr1 P(S:m'•. 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'i , i'( �'`' �•Jl 1r•,1 a_ a%"� l .#`•1 1 A�, . -•'• ' •`T 7 '-fT. �f•.)�t , •1^ ,,,1.. .�:f : }l: '+�.5t..1'!• ,Y:�^ �:nll-•�i"G c. f �•r.. .�• :C. u' T� :`�{(.:1.✓t "�• �,: - •_ •'17• .�~:�' 't�; ':� �.�-I•�,r., ��:4".• � r �'>,1' -�'1 ,'l�'�;,+:i�:•t •�;1ta l J•'� ,t ,;S(•�' ,tl�` .h�•t ,�11 �t�"�`'��t.-�+\(~.+.1.;�.�t.'I'Lt:�'1:� ;i• .. �•f',T✓'. ,• j.;4! 'r°> l.f �J?rti.,J :'1"rt.`%' r+..K,�TY .4 J.i,.t' -f S_T ,J 7 t!I t •:',..1)\b.,l. Y t �-�� •L.:l' %,;.= 'liF�,i• f�• 5�j,� �� LTy,t_v.��Nti � 5Z'.r,� �5 5,,4'. t4�h`� t ,� rL.7 :V-t. ,'i l.;•�1 ( *�-1r. �J"',';1,-��"'•'r=- ��:�. .ti•�'\ 3� +'i:��. ••,'�Yi+a '�lt:(t r>r'_' '_L+�,�.{(�{;�x�i1., ��•��po� f',I:.II11�: f t . ,±y�`1, .,ayr-�i'-- --trt,i\�j?�,fF !.��t::^lz��_ttSj;"•'.r� ,!,. ,�, -� •, r• 't" "' ;it . S1: t.tpalr lc> >uc.tic� :� - t_U1: ivr2 e P Director fl0ZIt3c]rIS h:i d i Heil Ac::.tc1i it}' q.-J1t1 O:;c.Iaad FtCZI I Fremont . C.-,. Ci.•ty1 'uf DUL)lin f;c�vi n G::ai l� A,;si ��tan t F•l anner Y . rI artni nri Dc,l:�ar-tmc!nt - Duhl in J-1,--ir-ch 1G 1ifl� F:c2: 7r7_• Village Farkt•j�y , DULlin Cal_1CiitlCnal U.:LF2 Fermi t Riding A.i=F,d=m': tr1• S•R• A• ) was crcaniced in All Sr�asons 5 - tri�.n therapy 1976, in Fremont , C:alifo,"r,ia, to provide equestrian A•S•F. A. has for the disabled in e�!r comcnUnity: Since then', be�o,ne the forerno<_t lE•ader in the world for programs o=_.this : :ind and a role model fcr over 2��r? similar centers in the - United States. 1: ... A• S. F:. A. sE rvices ever 477 disabled students and an Tal 3V `J'1 bcdi�d 5i_tldent5 per We° : a=�_st°d by OUr _ additional c_ able- - _ - staff . and 'o /er •ZWO volunteers. _ c— S. R. r;. ' __ E"°'=Ut- '�° -Directcr. Stel Fac=.dcec�!lo In 1 c +, r- a the Mati cnal Assoc.at.cn c; Sperts and the ,,,,•as appointed by States Olymp.c Ccmmi tte° to head the United States..-- Uc1- t=d _=nt developing a competitive - Equestr i an Team. This aI =-c m�_. disabled e-Uestrian t.am tM comeete under the Qlymczc floes. disabled*n A. S. R_ A. has been chosen to provide therapeutic to CCRd-tlCnlnC and tra:ning for American C.ympic te2fn - ' athletes prepa.rinc fcr the iSSc Olympic Game in t _ , South KCr-ea- .R. A• al tea=nod over G�,�� lnstrl;CtC^5 }+fir ye=r ,ln .. _ A. S h_.s _ sports therapy designed fcr e;ues_rian and athelet:c programs nationally a.nd internationally. c.R. A. is a self sufficient ncn-profit organic..ticn A ations, _ - ts membersh� grants. -perte8 by p den -� =� ccntribL;ticns, and .fond raising. Ues ti nc i ssuanc= cf a condi ti cnal use permit Tor_ •• _ . _ _. Wt_ are req 7- - Village ParkwayDubIin,=.for•s� the bui l di nc located at _ _ - _ i• uSe ,ate a: 7. f T- _ 1 _ - F'a S E c 1 _ : THE CE=1\11,= t - To pr-ovidre� body conditioning and ; trianinc; fur" atl�lt�te (distabIo and nun-disaLled) . This �ac.ti vi ty wall 13,° per' f o�r•med in the mul ti-purpose area. L!r�nchrs and eduipmt_`nt will bo placed within the room en c:.iipeLed and/or pLidded are�.s. _ F'LACE FDF.- FUDLIC GATHERI`iG - To prcvide a locaticn f or el as_e>> to teacl•T instructors, a pl ace for membership m, Ming and a place to host •fund raising activities'. ie. pot lucJ; dinner s, s` !!i:inar�_ , and bingo, to enable the A• R, A• pronra!T, J: `rE?(TTain st=1f-sufficient. Ton thcusa•nd sgT_!��!-e feet o•f the •carpeted multi-purposa recm will setup i Ls second function as an area i n which A.S.R.A. will iTCSt fundraising . public gatherings,' and meetincs. or fie` will be locetedF:in e: istine :rocros .-. The A. S. R. A. 1 i p cem. ' aC j =.cent tc the e.: i sti nc re_•treemla and mu t -put cs r .structural building imprcvemer,ts, aCC�iticns, cr ; " C=letiens, will be n,ces=ary to the building to acccmedate :. . . A. S. R. A in i.ts applicaticn for this cond:ticnal u5-2 b;e submit this recuest anC apclicaticn fcr year. c-nsiderat; cn and approval . I am available fcr' addic_c-a1 in-ormaticn if necessary at (11 �) , b�?-7•_�l�. T;�ani::-ycu fcr ycur ccns:Cercticn in advanc=. F`spertful 777 - _ a fcpculcs :. E:e c' Director - All Season s Fciding Academy k _ .. _ - - Of,E x.ISER F% A NI;NnCR OF TLC...11 fIN.MCUI N1:TwOOK cnc%V.\Y GUILCINV•SUIE mo OaxUr10,CALIFCANIA9461: •, C3 " ..• .r•� I • _ CO�IIERCIAI REPI ESTArE SERVICCS March 22, 1935 plr . Kevin Gailey Senior Planner City of Dublin p ;0. Box 2340 Dublin; CA 94568 RE: SUPERMARKET TENAINCY _ FORMER ALPHA BETA MARKET r . DUBLIN "CALIFORNIA : Dear Kevin: is to answer your question concerning the The purpose of this letter ' possibility of another market locating in the forcer Alpha Beta. •' l ' the northeast .. . Alpha Beta markets closed their 23,200 square foot sl.ore a corner of Amador Valley Boulevard�anQ anlinsur"picient volpure�o-' business togs ago; because the store was genera L the overhead to k°°p the store open. Prior to their closing* supoor __ 1h y y place Eeta made ar, extensive effort to find another 1995sand�had ay substantial since it was obligated on a lease tIrcual - , y i t, amcunt of money invested in f'x�ures and other leasehold equ�rrent, which they could have passed on to another market. Aft=_r they closed the store, they retained Coldwell Banker CCrmercial Real ; y Brokerage to again try to find another market to take its pi ace. '. Ike . Estate were unable to ac corolish this in ?�tsubleaserwith therrresen�rtenant; AGc. _ subsequently entered into a long t p - AGE had planned to operate the store as a discount liquor and appliance : __. •- outlet. They never opened as a liquor stid ore because of the addition or Liquor Barn in the trade area. I be ieve they d operate part of the sore as an appliance store for a s ,it unprofitable to continue to do hort period but found so. I might also note that at about the its time,on Yi11 age'Park,iayabecause of f major East Bay appliance chain* i + insufficient business. ears we have tried without success to_interest a market in .,.� Over the last five y I have listed below the names"of the major the s ace. For your convenience , stores to whom the property has been submitted, and who have rejected the 'location because of insufficient business potential : All A, C, �� 1T6. 5161 c S page Two pJarch 22 , 1985 - hjr. Gailey p1,b Hill General Stores P.W. Supermarkets F31ey's Supermarkets Park & shop Markets s Ralph's Grocery-Federated Safeway Smith's Food Stores, Inc. Save Mart Stores , Inc . United Grocers Von's Grocery Co. Dick's Market Markets Albertson's Roml ey's rlarket Cal a Foods Inc. CF Marts of California; Inc . Farmers Markets, Inc. Circle K Food Stores Frank Petrini Co.; Inc. Fleming Foods Holida Markets Fry's Food Stores ; Inc. Lucky Stores; Inc. Jumbo Markets; Inc. Brentwood Markus hiayfair Markets-Arden Farms COOP Markets Diablo Foods Canned Foods , Inc. During this same period of time, first for Alpha Beta and for the past four years in behalf of AGE as the subtenant, we have also tried withcut success to attract a retail user to the property. Please feel free to call me, should you , other memoers of the sta;f, or t-e planning commission need additional infor-maticn. Sincerely ; COLD14ELL BANvER COMMERCIAL REAL ESTA Sc?'IiCES Denis Hathewson Senior Sales Consultant (415) 87 4-1920 dalyO8 cc: Mr. Mark Seamon � l 1 CITY OF DUBLIN FILE -COPY P1.3nninr,Zonir-g 829-4916 pc,,•c10pmunt Servi':c�3 April 12 , 19805 Eci!diny & 5,i(ct; P.O. 6ux 2340 E,ineeriny!P�biic <<:orlci F.')•�`.�.ci DuHin, CA 9.156S Stel Papadcpoulos , Executive Director All Seasons Riding Academy 43510 Osgood Road Fremont, California 9 }538 Dear r?=. Papad000ulcs : T`�e City of Dublin Planning Department has revie�Ne_4 you= ups 85_022 , and has deter=mined that the aoolicati0n, City File n- - + ljZ accented as complete In the form SL'L(m?tt°'.. aoo_ licatien cannot - the followinc succleTental To ccc,rlete your submittal _ - - - _ 11 serve to• expand upon in:ormaticn sucplied in cr ,aticn, which wi L 1985, must be submitted in you= Written st tc this cffice ; percentage of the disable'2 students, a�le- - Inc'-cal-� n.laL 1 l ?`O(' with All G StL'Ce_nts anG VOltlntee_"� curren�ly asscc _ w:_Z A_ bod_°_ will be antic p atec to Seasons Ri di nC t �:a L Lt_1 °_ t'-e -ber Cf use=s p- CCs2d at an C'e I 'i r�_°_ t.ie [ .i t _n p- SE. _-_ a6 ``" L L�e Ycur=/d=,ls C� ecerat_cr. po -• t=.;,a and what t.- t center wall be . far , 1 i t;°s , a d t ei= iun ct_o;. Ind cat°- ctae_ r,l ° for a C p �. Lsazs. t' -t are ava-la-' C'1"ent1V anot er nc�e •15 - - - Indicate whet^�er t available for pu=lic gatherings er anothe_ facilit,! the taera�y c°:1te- function. available fcr - -ecncv of training courses for instr::ctor�, . Indica-te the f_ _ue their class size and hcurs/days c.6 instruction. cuare fcc_age of area prcpcsed foZ P_.S.R.A: Ind the s _ L office uses, the ma:<; mum employee coun� and hour/days c� occur ancy. or" use is considered an A-?; asse�,:.lY +, ra t__ The the_ py c_.. cc^uo_ ar.cv by t:,e buildir.c code . If the area assic red for o°ds 4 , 500 s:. f t. (an occupancy loan cr 300 this use e:cc ^c 1 pees=r. @ 15 scuare feet) then sp e r; 2 1 perscn5 ass L'm: �• a^ f0_ flie Prot°_C�iCn and 5?ls- bL_ld�z, ccd_ 1,Z CC^ e 1:tC C.3,/. PlD_352 1 d1C3_ I Ica,_-, CO^S�C'3'--'-O%Cca� t0 d� 1152`, fC� t _s It..^e Crec; sa a_ - p- . ' aJ-T, • �G }-t-rL• s��t�s f .1 1 The "place for public gathering" use is also considered an bl occupancy, by the building code . Dependent A � • assembly a ropesed (i .e . , lecture - type type of occup� ncy P upon the - at extensive building code table sue- iny ) seating or Poecion and seismic loading requirements for f ire play . Based on the above, a considerations may come into _ assembly uses must more detailed description of the proposed - supolied. Additional in ormatior. as to the size e be _ . assembly spaces and detailed description all Poss�b_e types assembly uses proposed must be supplied. Contact with Vic the Building , Insoection Deoartment at 820-0822 is _. Taugher of yo have a''complete understanding of . recer„mended to assur_ y ' the building cod° recuirements relating to assembly uses. to _land-use cor.siceratior.s, elaboration must be = .s regards - od as to the hours/days o� assembly uses and what provic� the_any center uses m'cht cccu�. rla� i`_ any, with ,z over Pi ease cicate whether assembly areas would . Adci ti orally, - a_ =rL�i . to non A.S.R.A. uses s :c: s be mace avai 1ab1 for . r-- �-e_c . wecci ncs , meeti.ngs.,`. dances , •' rei to previously stated ccr.c°ras t;n? S``_- 4+1S;1e5 to `e-G; ';:c L a C 'At this `- 1s 20 000- sCLc_? : ty- e cf use procc=_ed in t , a� file _ Village C pare ShCCC' C C°_.^.t°_= Tiicy be tenant Ecace at the ��ial adverse i--,,Gacts to ex=stl. inapero.ri ate as relates to r s =car t^° ecG c:..ic hear_:: and ; n the center ar:c a r_ _ ,.s tenants . Cdr`er l C°^e r?_ c: t.^.e : _ icern;.nc this T •esticns c�: _.._. have an C� 1. VGLl Y'iG Y re at 829-4 916 at Your ccnv Sri er:Co c_ndcr_iv, Se ; cr Planner YJGlj • .. cc '_ PA 85-022 - hewscn .. ... J• •. .•• �.; l ..- .. DI Co dwell Banker l . One Kaiser Plaza ' _ Ordway Building, Suite 1150 Oa:,land, Cali`crnia 9451? ) Bu_ldi;lc De:artme^t , V-c Ta = g`•° ILI �i/i1 n/lE7 --- - e - -f�--„ c U S/,'O •$ U S!/O S —1 t , , � GO 1 �•�r��+T-71 Lp TV 2-p < 1 ' 8U/LO/NG•� �� - -Tr. \ �L fe Rrr \ _ I Nor A /OA - r� r J•C � O {47 r'•• ' LI& D� n rrur E: DUL7L/N - CAti�c.e,v��1 6[GG / Suirl /sS 3000 S.w,v.O NitL ,QOAO, Mrv4o q,,4ZW,G. 91OIS" i•✓v'a.vc(+JSJ 05J-69// r, ` AccaiTCCr� l��G�•�� WALTER fC!/ETZ/.VG • 744,oalCACOAivd, LA AO[L.I- G. 92037 _- Ilf Li - - ' -a,---- J _ L. 5 /.T �, 1,<ov Aafc ,/d v 1V,/r / /ss �-- 7 �( ( 1 ( ( j '•� I _ —Y*`— Ell L� —_—_ _ _ - - — —_ _ �f / :'� � � 7r/`�'J�' - == __ _ _' —_ _— _____ � f UruR6 I �� "•��`/< .t �-,CAJ�w /c.�c/;;_�re rr C- 14 -- -- - - - -1 U ir.Aslr i 2, t _ \ Q �Rrr .vor A PAL'T I ZZ .W SCALE _ • (//C/�//`ice �LitN ( � { � /� i��'�'�-1 5T-��;Q•?'�i ?I'vi Ooh `,,��ju CJCo D(JOL /.t/ GdL/�-fC!_T,V//1 /x•o,vc 4is) OS�-69// Z//LAC i� 7 �L 7 �G.�J •'••• • - LSLOG / . Sfl/rl /•✓5 3000 SANO N/LL .CO.•O• ^!(NLO P�'QK.u• 9f 02 S• C aw-f � �� AClN/7CCT/ a[oc./) WALTER KUz TZ/NG 7440 G/•�AA:O At�d, .CA JOLLA, G. 92047 i�Cj'J✓/ / ' [/ _- CITY OF DUBLIN Dcvclopru ,1t S�I'VIIC� F.O. So\ 23.10 En�uiu�ring,lFu�i;� 1,l'or!:i S_9.Ini:i Duf�lin, Cry 9.156S - APPLICATION REFERR.aL Date: 3/20/SS c , ens Riding Academy o 85-022 , All „was FILE r10 . P. Use Per .it Concitional c, t llins , Fire T0: Phi 1 P h i pacific Gas & Electric D eR paais'-o"tn r'-Snet r vices District ,�^ DL51in/San Director, � City Encineer 'ding ZIn sect? on'De�a-�meri�- Pacific Bell Liver:,or°- Dublin D; s_osal ervic es Dublin Police Sery ices n J iev, Se-.; C-o= Pl_nner , ; -•: 052 P°:mL i` P. Ccc_t?opal F:�OJiCT DSSCZI?Ty c 1 = t. i s`ani; s� a c M01e-c-a_ r_ ��_or. , acili r=cuesting appreva to e c P_1c a-Leta Building) , su=j=_-t vist_ng building (o- f i i an e - s 7373 v,* llace Pa_.c••iay, is t' Cily c= Pr ce=�'✓ is ice.^.�==ie^. � - Dub?in. • YOU R.'I:.;v Y �lica`icr. - P.nnlican- s w= Various a-e naps Reduced c^py c`_ Procosed floor Plan f l PLF.as' RcTVa"� T4;S FOR`•! W=T`.' CO:�" ?=:JT TO DU°LIN PLANNING BY: �_ APRIL 3 , 1985 - / This proposal changes the building from a B-2 (Business Occupancy) to a A-2 2 (assembly Occupancy) • The building does not meet the r.. ui__men`s o ancY) .- use . It is doubtful that it is economically of the cod for an y than es . Therefore, it is recorrmerded feasible to mare the ne__ssarY g that this application not be app =owed. VTCTn? L . T?:UG FR cUZLG::IG CF. :CIa7 4/25/333 1 , � f t r � �lSTR1CT DUBLIN SAN RAM ON SERVICES FIRE DEPARTMENT HEADQUARTERS STATION 7051 Dublin Boulevard Telech ne: 9399 Fircrest lino Dublin, California 9.1568 829-2333 San Rjmon, California March 26, 1987 R � C � � Yr� E � taR fir, ;JV� i t.l . D�}5t1N 4LQ,ti`11i�G Mr. Kevin Gaiiey Senior' Planner, City cf Dublin ' P. 0. Eox 2340 Dublin, CA 94568 PE: PA 85-022 Cear Mr. Galley: The Dublin San Ramon Services Dlstrict Fir= Dear;- ment has no cbj=cticn to the proposed use of the cld Alpha Eeta Eui1dinc. Eec_use the building has nc= be_n CC� Oled for some time, we wiII require tha the Sprinkler syste'il pass a service test as required under Ss_. 902 c the Cal i fort,i s Ad:,,i n i stmt i ve Code. The buil,dIno shall meet the requirements o; the Fire and Euilding Codes for occupancy classification for exits, panic hardware, exit signs, power supply for lighting, room capacity signs, and flame retardant treated decorations. Fire extinguishers or a minimum 2AIOB:C rating will be re- qu1red every 75' c travel . Ve^i truly yours, f � Cecil Axteli Fire Inspector CA:cb PC PUBLIC E(EAPNING SUI3JCC'r 8 . 1 PA 85-016 , Charles Lemoine Con.�io al Use Permit to allo�� several exis rctq uses to continue in operation at ^ - carlett Court . This .. item way ltinued to the rtav 20 , 1985 Planning Commission meetn t r Mr . LemoineIs request . 8 . 2 PA 85-022 Wildis North America Corporation./all Seasons Riding Academy Conditional Use Permit to establish a commercial recreation use within an existing building ( former Alpha-Beta Market) , 7373 Village Park,•,;av N?r . Gailey presented the Staff Report . The Alpha Beta Market t closed down their operation aphaoBetaenteredeintora log tern Subsequent to the closure , Alp sublease with the present lessee , AGE, who proposed to operate a discount licuor store . The tenant space has remained vacant for four years . the City ' s General Plan calls for the strengtheni.^.G As indicated, _ shopping centers. the Clt'✓ ' 5 existing neiglcC_nCCd terS. The Slte is also included in the Do,,; ; 1 . Improvement plan area recently by the City Council . Based on the Genera l Plan designated Staff ' s ^osition that a high volume retail Guiding policy it is St� _r s r vied a more apOeriate business business outlet would be consider DZ for the shopping center - staff recommends that the proposal to establish a commercial recreation facility be denied. htr - James Roth, Wildis North America Corporation, property owner, submitted a letter recommending denial . Mr . Denis Mathewson stated they tohave been trying to find a tenant for this site for a long time, remained vacant for approximately five years. Mr . Stel Papadopoulos , Executive Director of All Seasons Riding Academy, stated that he hater ea . director overt400o ten students are nc�N organization for the past years . would like to put togete= enrolled with his organization . They P a team of disabled athletes for the Olympic Team. that t1:e businesses around the center. Mr . Papadopculos stated enter, for it would be bringi.^.g could benefit gr'atly from his c-• in custcr,',ers to their s_ores while the c'nildren were in tae=aQ'� - T;Ze center would be a great addition to the shcpQing center . T1-02y have apnroxima`ei1 250 volunteers in their Fremont facili_7 . x Oa k � , MLLt g r ,? i die also stah�d`that fundtraisincuon the off ahoursrofsthe centerntsuch They would as Bingo, pot-lucks , etc . Cm. Raley asked the days of operation . - Mr . Papadopoulos an with Monday through Friday d only. would also be used for fun raisins_, . On off hours and weekends it Cm. Alexander asked how often . Mr . Papadopoulos stated two games of Bingo per week would be taking place . Mr . Collins asked if their were any other centers in the area? Mr . Papadopoulos stated Fremont only . Mr . Collins said he had heard that there were games in the Sacramento area. Was this true? Mr. Papadopoulos stated that t;iey had fund raising all over the state, including the Sacramento area. Mr.. James Roth, Wildis North America, asked how often they would have suppers or potlucks going on? For it might interrer with the restaurants in the Mr . Papadopoulos stated maybe three or four times a year. T: ev would have golf touraments . horse shows and other sponsorec programs also . Cm Ralev asked, if the Property owner was occosed, why was the application before the Planning Commission? Mr . Tong said the applicants maintained they had a lease which allowed teem to sublet to anycne . Mr . B . P.bdelha, lease holder stated that in 1963, Alpha Beta informed him they could lease to anyone they wished. Mr . Leonard Bowe , Insurance Agent and tenant in the shopping y that the proposed center, stated they never had a major tenant; use would be of no help to the other tenants . Mr . D . mathe,ason, from Coldwell Banker, stated that retailers have all moved to the south part of the City. rHe also stated that several stores had incu__..�. about this maL.et: Frys, Safeway, Liberty House, Ross , Clothes Time, and Levitz . None ever ventured any further with inquiries. Mrs . Calabresi , owner of the Flower Pot for the past 15 years stated that her cl'ient`l were referrals. Gross sales have increased each year, even withcut walk-in traffic . Just tain'.� what would happen if trey had walk-in traffic. P�:t -04 i 5 5 i hlr . Abdclha stated they had had no offers on the store at all . Alpha Beta had originally turned him down with the All eason Al p then chap g ed their mind. request , Mr . J . Enos , Foothill Band stated they were concerned about the Bingo gam's being offered would interfer with their fund raising activities . They did not need that kind of competition . It was hard enough getting donations . Pleasanton, requested that, should the Planning Co John n app application, it should put on a condition Commission approve the aP. ht a week. to have bingo a maximum of one nig Mr • Roth stated that miller ' s ooutpost P.askedBabout the property, and their inquiry was turned Cm. Petty stated he thought .it was a great program for the licant considered constructing a new Olympic Team. Had the app facility? Mr . Papadopoulos statedwant-1 toe build tal h new building business, someplace therefore they did not He also stated he was a director for the organization, not else . received requests to allow other a bingo player . He said he had r�..�- groups use the facility for bins-c, such as Dublin High Schccl . _ e Ccrrm-scion stating that her daucht was Mrs . McCann spoke to the in the program and that -it was a very worthwhile orcahIzat-Cn. ro get donations fcr the S;�e also stated how dif-!cult it was to Crippled Childrens Association . .rs o Joan King, who was familiar with Mrs . Sharon Collins and � - , s Offered in Fremont, were both fine program the applicant - -'_ed oY over the fact twat there would b_ Bingo orr�- as a very concerned O r would be more than seven Bingo Games in the a fund raiser, Thee Tri-Valley area in one wee'.{ - Mrs . Edith Stock, P.ssistant V.P . of Foothill High Schccl al=_o stated she was concerned a'--cut loosing participants in their Bingo games . meaning they wculd loose money for the high sc:,col . facility for bingo two Mr . PapadopoulOs said he ttthesacenciesraising money nights per week. hting with one another. They should be working together, ; not fig could even use the center if they wanted to. Mrs . Serrol , Mr . Collins , Mr . Mullande: all stated they were very over the amount of Bingo that was to take place in the concerned , i A- requested that, if approved, t:�e Tri-Valley area. Mr . MuIlande_ r_ operation be limited to one ht per wee?:. Carol Davis , a Fr-2-10n- _ _sident, stated that her chili: was Mrs . 5, R_ding Academy program and tha_ it Se3scC involved in the All _ them totally . was very good. She succo-Y- P�:1 -0,3 5/6/35 1?e.p.rlar Mee==ng I Cm. Raley motioned to Close the public hearing . Cm. Barnes seconded the "'Itiorn ' Cm. Petty commended Mr . th�UUaepwasoinsppropriategfor, the�JSite .ham agreed with Staff that All other Commissioners concurred with Staff that the use was not appropriate . Cm. Raley motioned to deny application . Cm. Barnes seconded the motion . Voice vote found all in favor of . RESOLUTION NO. 85-021 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN DENYING PA 85-022 WILDIS NORTH Al`4ERICA CORPORATION/ALL SEASONS RIDING ACADEMY' S CONDITIONAL USE PERMIT REQUEST TO ALLOW A COM,%1ERCIAL RECREATION FACILITY IN THE FOR,NIER ALPHA BETA MARKET LOCATE D IN THE VILLAGE SQUARE SHOPPING CENTER -n r 8 . 3 PA 84-077 Zoning Ordinance Amendment Regarding JL. T: sctays ( Signs ) Advertising D1 �o t• e Staff Recort . Mr . Gailev discussed the Mr . Gailev resent �n� steps that Ire up to putt,nc the Zoning Ordinance together for i efl summa- zed each meeting. the signs . He Y F- S; gn Ordina. e ha=_ been prepared in the form of a The Dra_ � - - for th purpcse 02 cons lderaCion and review by preliminary draft the Planning Commission . es o�` � ined in the Draft Sign He discussed the major cn�a..,ng Ordinance . Such as ; 1 the consolidation of all pertinent reyul tlons into a s_ng e section of the ordinance . Establishment of a purpose , objective and polic- s section of the City ' s Sign Regulations . f definitions pertinent t., the Consolidation and refinement oL S ic;t, Regulations . Refinement and elaboration of Sections dealing with Prohibited and E:tempt-Peraitt=�' Signs . R.� �� l_ i't`nr _ng C��.::•?-S-OY� 5/5/3: