TO: TIBURON PLANNING COMMISSION

FROM: BRIAN LYNCH, ASSOCIATE PLANNER

SUBJECT: 86-A MAIN STREET; FILE #10301

CONSIDERATION OF A CONDITIONAL USE PERMIT FOR A THERAPEUTIC YOGA STUDIO TO BE LOCATED IN AN EXISTING RETAIL SPACE.

MEETING DATE: MAY 28, 2003 REVIEWED BY: SA

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PROJECT DATA:

OWNER: MAIN STREET PROPERTIES

APPLICANT: PAMELA R. SCHUYLER-COWENS

ADDRESS: 86-A MAIN STREET

ASSESSOR PARCEL NUMBER: 059-102-20

FILE NUMBER: 10301

SIZE OF SPACE: 310 SQUARE FEET

ZONING: VC (VILLAGE COMMERCIAL)

GENERAL PLAN: VC (VILLAGE COMMERCIAL)

FLOOD ZONE: C

DATE COMPLETE: MAY 16, 2003

CEQA EXEMPTION: MAY 28, 2003

PERMIT STREAMLINING

ACT DEADLINE: JULY 27, 2003

PROPOSAL:

The applicant has submitted a request to change the use of an existing retail space located at 86-A Main Street to a yoga studio (Yoga One on One). The applicant is proposing to provide therapeutic yoga sessions with the emphasis of the business on personal yoga therapy, with a maximum occupancy of eight clients. The space has historically been used for retail, and was most recently occupied by Fine and Fancy retail shop. This project is being reviewed because any change of use in the downtown area must be approved via a Conditional Use Permit according to Section 2.11.02 of the Tiburon Zoning Ordinance.

The applicant has indicated that there would be no structural changes to the building, just a reorganization of the existing space. There are no exterior alterations proposed for the building, and any future signs would be reviewed by the Design Review Board via a Sign Permit.

ANALYSIS:

General Plan/Zoning Consistency

The Village Commercial zoning district is intended to provide for primarily resident-serving businesses. While it is not stated explicitly that a yoga studio is a conditional use in the VC zoning district, it appears that the proposed use is similar to the conditional uses listed for the VC zoning district. The personal therapy aspect of the business resembles the services provided by a professional or medical office, which are conditional uses in the VC zoning district. Therefore, the project appears to be consistent with the intent of the Zoning Ordinance.

The Tiburon General Plan states that uses in commercial areas should be regulated to maintain the low-density and village commercial character of the community. The proposed business is small in scale and personal in nature and would provide the residents with a service that does not exist elsewhere in Town. The business would neither create more floor area within the downtown area, nor create a significant intensification of use from the previous retail store. For these reasons, the project appears to be consistent with the Tiburon General Plan.

Business Hours and Operation

The applicant would operate the business approximately 36 hours per week, and daily hours would depend on client appointments and classes. The applicant anticipates having group sessions in the mornings starting at approximately 6:45 a.m. and personal appointments in the afternoon and evenings until approximately 7:00 p.m. The applicant would be the sole proprietor, and each group session would be comprised of up to eight clients. The applicant has stated that there would be minimal truck deliveries for the business.

It is recommended that the Commission consider limitations, if any, on the hours of operation or number of clients for the proposed business, which could be listed in the conditions of approval for the permit. The Commission could also consider limiting future uses that could occupy this space under the auspices of this permit, if the proposed business vacates.

Parking

The proposed use would not change the parking requirement for the property. The previous use was retail sales, for which the parking requirement is one stall for each 250 square feet of sales area. Since the size of the establishment is 310 square feet, two stalls would be required for retail use. The parking requirement for medical offices, clinics, and patient services, which the proposed use closely resembles, is one stall for each 250 square feet of gross floor area. Since the proposed use would not increase the demand for parking according to the zoning ordinance, the applicants are not required to provide any additional parking spaces.

Public Comment

To date, no public comment has been received regarding this application.

ENVIRONMENTAL DETERMINATION:

This proposal is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) as specified in Section 15301(a).

RECOMMENDATION:

It is recommended that the Planning Commission review this project and receive public testimony. If the Commission finds that the project is consistent with the Tiburon Zoning Ordinance and General Plan, then it is recommended that the Commission consider the attached resolution of approval.

EXHIBITS:

Draft Resolution

Application and supplemental materials dated April, 2002

Plans for the project