Title
PLN19-0021 - 1419 Park Street, Unit I - Applicant: Janine Tracy Gonzalez on behalf of Tutu School Alameda. Public hearing to consider a use permit to allow the operation of a dance studio. The property is located within the C-C-T (Community Commercial, Theatre Combining) zoning district. Pursuant to Alameda Municipal Code Section 30-4.9A(c)(1)(z) dance studios and similar uses require the approval of a use permit to operate in the C-C-T district.
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CITY OF ALAMEDA
COMMUNITY DEVELOPMENT DEPARTMENT
ADMINISTRATIVE USE PERMIT
ITEM NO: 3-A
PROJECT
DESCRIPTION: PLN19-0021 - 1419 Park Street, Unit I - Applicant: Janine Tracy Gonzalez on behalf of Tutu School Alameda. Public hearing to consider a use permit to allow the operation of a dance studio. The property is located within the C-C-T (Community Commercial, Theatre Combining) zoning district. Pursuant to Alameda Municipal Code Section 30-4.9A(c)(1)(z) dance studios and similar uses require the approval of a use permit to operate in the C-C-T district.
GENERAL PLAN: Community Commercial
ZONING: C-C-T, Community Commercial, Theatre Combining
ENVIRONMENTAL
DETERMINATION: Categorically Exempt from State CEQA Guidelines, Sections 15301 - permitting use of existing structures that involves negligible expansion of existing use.
PROJECT PLANNER: Linda Barrera, Planner II
PUBLIC NOTICE: A notice for this hearing was mailed to property owners and residents within 300 feet of the site, published in local newspapers and posted in public areas near the subject property. Staff has not received any public comments on this proposed project.
EXHIBITS: 1. Plans
RECOMMENDATION: Approve the project with conditions.
PROPOSAL SUMMARY:
On January 10, 2019, Janine Gonzalez submitted a use permit application to allow a dance studio within the C-C-T zoning district. The facility will hold instructor-led ballet classes for young children. The business is anticipating to have approximately ten (10) dance sessions per day with approximately ten (10) students per session. The studio space is approximately 1,160 square feet in size. The studio space will feature an open dance floor in the rear while the front half will be dedicated to retail, a reception desk and a waiting area, consistent with retail frontage requirements in the C-C district. The project does not include any exterior modifications to the building.
USE PERMIT FINDINGS:
1. The location of the proposed use is compatible with other land uses in the general neighborhood area, and the project design and size is architecturally, aesthetically, and operationally harmonious with the community and surrounding development. The existing commercial property is located at 1419 Park Street in Unit I, at the end of an interior corridor within the commercial building. It is designated a Community Commercial zoning district. The Community Commercial district emphasizes a variety of retail, restaurants, and personal service uses serving the Alameda community. Commercial uses such as the ballet dance studio are compatible with the pedestrian-oriented businesses in the Community Commercial district. It is also a compatible use with the surrounding retail businesses as the ballet studio is low impact and will not adversely affect the surrounding businesses. The facility will have amplified sound during dance sessions but will keep doors closed during classes. The studio is required to comply with the City’s noise ordinance. The proposal does not involve changes to the exterior of the building.
2. The proposed use will be served by adequate transportation and service facilities, including pedestrian, bicycle and transit facilities. The location of the proposed dance studio is fully developed and does not require additional service facilities. The proposal is a dance studio that will serve customers from the surrounding neighborhood. The site is located on Park Street which is served by AC Transit bus routes 20, 51A, and O. The proposal will have one employee on site at a time. A public parking garage for downtown businesses is located around the corner from the project site and will adequately serve the parking need for this small dance studio.
3. The proposed use, if it complies with all conditions upon which approval is made contingent, will not adversely affect other property in the vicinity and will not have substantial deleterious effects on existing business districts or the local economy. The proposed dance studio will not affect the surrounding properties, hurt existing business districts or the local economy. The proposed use is a low-intensity use that is consistent with the pedestrian-oriented commercial uses that make up the Community Commercial district. The proposed use will benefit the district by occupying a vacant retail space. The proposal does not involve design changes to the exterior of the building.
4. The proposed use relates favorably to the General Plan. The Community Commercial designation includes uses such as “small retail stores, department stores, motels, automobile sales and service, and offices, depending on location.” The proposed dance studio will provide a low intensity use compatible with the Community Commercial General Plan designation. The proposal is consistent with the General Plan because the proposed use would not have any negative impacts upon the surrounding properties and commercial businesses. General Plan Policy 2.5.a calls for providing enough retail business and services to provide Alameda residents with a full range of services.
1. Compliance with Plans. Any modification on this site shall be in substantial compliance with the Use Permit application submittal dated January 10, 2019, by Janine Gonzalez, on file in the City of Alameda Planning, Building and Transportation Department, except as modified by the conditions listed in this report.
2. Changes to Approved Plans: This approval is limited to the scope of the project defined in the project description and does not represent a recognition and/or approval of any work completed without required City permits. Any changes to the approved scope of the project shall be submitted to the Planning, Building and Transportation Department for review and approval.
3. Building Permit Plans: The plans submitted for building permit shall be in substantial compliance with plans prepared by Janine Gonzalez, received on January 10, 2019 and on file in the office of the City of Alameda Planning, Building and Transportation Department, except as modified by the conditions listed in this letter. The project shall comply with all Building Code requirements.
4. Vesting: The Use Permit approval shall expire two (2) years after the date of approval or by February 25, 2021 unless authorized construction or use of the property has commenced. The applicant may apply for a time extension, not to exceed two (2) years. An extension request will be subject to approval by the Zoning Administrator and must be filed prior to the date of expiration.
5. Storefront: The business shall maintain a transparent storefront presence consistent with the C-C zoning district goal to maintain pedestrian-oriented establishments. The storefront windows and doors shall not be obscured during business hours with privacy tint film, closed blinds or curtains, or other visual barrier.
6. Noise: The facility shall operate in compliance with the City of Alameda’s noise regulations pursuant to Alameda Municipal Code Article II, 4-10.
7. Waste, Recycling, and Composting: The establishment shall recycle cans or bottles that are subject to the State of California Container Deposit Law and comply with all local, state, and regional laws requiring source-separation of waste material for recycling and composting.
8. Planning Final Inspection: A site inspection to determine compliance with this Use Permit Approval is required prior to the final building inspection and/or to the issuance of a Certificate of Occupancy. The applicant shall notify the Planning, Building and Transportation Department at least four days prior to the requested Planning Inspection dates.
9. Revocation: This Use Permit may be modified or revoked by the Zoning Administrator, pursuant to Alameda Municipal Code Section 30-21.3d should the Zoning Administrator determine that: 1) the use or conditions under which it is being operated or maintained is detrimental to the public health, welfare or materially injurious to property or improvements in the vicinity; 2) the property is operated or maintained so as to constitute a public nuisance; or 3) the use is operated in violation of the conditions of the Use Permit.
10. Indemnification. The Applicant shall defend (with counsel reasonably acceptable to the City), indemnify, and hold harmless the City of Alameda, the Alameda City Planning Board and their respective agents, officers, and employees from any claim, action, or proceeding (including legal costs and attorney’s fees) against the City of Alameda, Alameda City Planning Board, and their respective agents, officers, or employees to attack, set aside, void or annul, an approval by the City of Alameda, the Planning, Building, and Transportation Department, Alameda City Planning Board, the City of or City Council related to this project. The City shall promptly notify the Applicant of any claim, action, or proceeding and the City shall cooperate in such defense. The City may elect, in its sole discretion, to participate in the defense of said claim, action, or proceeding. No judicial proceedings subject to review pursuant to California Code of Civil Procedure Section 1094.5 may be prosecuted more than ninety (90) days following the date of this decision plus extensions authorized by California Code of Civil Procedure Section 1094.6
Environmental Determination
The Zoning Administrator has determined that this project qualifies for a Class 1 Categorical Exemption and no additional environmental review is necessary pursuant to CEQA Guidelines Section 15301 - Existing Facilities because the project consists of permitting of existing private structures involving negligible or no expansion of use beyond that which exists.
Use Permit
The Zoning Administrator hereby approves the Use Permit with conditions.
The decision of the Zoning Administrator shall be final unless appealed to the Planning Board, in writing and within ten (10) days of the decision.
Approved by: Date: February 25, 2019___
Allen Tai, Zoning Administrator