HomeMy WebLinkAbout6.1 Public Hearing 87-127 Crest Ent & New Ewe
AGENDA STATEMENT
SUBJECT;
CITY COUNCIL MEETING D~: January 25, 1988
PUBLIC HEARING: FA 87-1~ Cr~st Enterprises and The New Ewe: A
request for a Planned Development Rezonin~ to
expand the permitted uses within a portion
eAPN 941-1550-4) of the existinR Heritage Park
Planned Development, 1362nd Zoning Unit
(APN 941-1550-4, 941-1550-3 and 941-1550-5)
11873. 11891 and 11875-11887 Dublin Boulevard.
EXHIBITS ATTACHED:
Exhibit A: Ordinance Rezoning Property located
at the Southeast Corner of
Donlon Way and Dublin Boulevard to
Planned Development FA 87-127
Background Attachments:
1. Location Map
2. Resolution No. 5-88 Establishing Findings
and General Provisions for FA 87-127
RECOMMENDATION:
1. Open public hearing and hear Staff
presentation.
~
2. Take testimony from Applicant and the
public.
3. Question Staff, Applicant and the public.
4. Close public hearing and deliberate.
5. Waive second reading and adopt Ordinance
amending City Zoning Ordinance to permit the
rezoning of property located at the
southeast corner of Donlon Way and Dublin
Boulevard.
FINA.~CIAL STATEMENT:
None.
DESCRIPTION:
On December 14, 1987, the City Council opened the public hearing on the
request to rezone the "Green Store" at the southeast corner of Donlan Way and
Dublin Boulevard. The City Council continued it with direction to consider
maintaining the site's historic value and integrity.
On December 21, 1987, the City Council adopted a resolution adopting a
Negative declaration, and adopted a resolution establishing Findings and
General Provisions (Resolution No. 110-87). The City Council introduced an
Ordiance amending the Zoning Ordinance to permit rezoning the parcel.
On January II, 1988, the City Council adopted a new resolution
establishing Findings and General Provisions (Resolution No. 5~88) and re-
introduced an Ordinance amending the Zoning Ordinance.
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ITEM NO.
&L
COPIES TO: Applicant
Owners
File PA 87-127
Dublin Historical Assoc.
The General Provisions allow the following uses as Permitted Use:
restaurant
bank/financial institution
antique store
ice cream store
candy store
barber shop
photographer
health club/fitness center
tanning salon
beauty salon
medical offices
The General Provisions would allow a tavern only if a Conditional Use
Permit is approved.
Any exterior or interior modifications would be subject to Site
Development Review approval. The Site Development Review approval will need
to find that the use maintains the site's historic value and integrity.
Staff recommends that the City Council waive the second reading and
adopt the Ordinance.
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ORDINANCE NO. - 88
AN ORDINANCE OF THE CITY OF DUBLIN AMENDING THE ZONING ORDINANCE TO PERMIT
THE REZONING OF REAL PROPERTY LOCATED AT THE SOUTHEAST CORNER OF
DONLON YAY AND DUBLIN BOULEVARD
_The City Council of the City of Dublin does ordain as follows:
Section 1
Chapter 2 of Title 8 of the Dublin Ordinance Code is hereby amended in the
following manner:
Approximately .54 acres consisting of lands fronting along the southeast
corner of Dublin Boulevard and Donlon Way, more specifically described as
Assessor's Parcel Number 941-1550-4 (Green Store, 11873 Dublin Boulevard) is
rezoned from the l362nd Zoning Unit to a PO, Planned Development District,
PA 87-127 - Crest Enterprises/The New Ewe, as shown on Exhibit B (Negative
Declaration of Environmental Significance), and Exhibit C - Resolution No. 5-88
(Approval, Findings and General Provisions of the PO, Planned Development
Rezoning) on file with the City of Dublin Planning Department, is hereby adopted
as regulations for the future use, improvement, and maintenance of the property
within this District.
A map depicting the rezoning area is outlined below:
-------
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Section 2
This Ordinance shall take effect and be enforced thirty (30) days from and
after its passage. Before the expiration of fifteen (15) days after its passage,
it shall be published once, with the names of the Councilmembers voting for and
against the same, in The Herald, a newspaper published in Alameda County and
available in the City of Dublin.
PASSED AND ADOPTED BY the City Council of the City of Dublin, on this
day of 1988, by the" following votes:
AYES:
NOES:
ABSENT:
Mayor
ATTEST:
City Clerk
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RESOLUTION NO. 5 - 88
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
~ - - - - - - - - - - - - - - - - - - - - -. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
ESTABLISHING FINDINGS AND GENERAL PROVISIONS FOR A PD.
PLANNED DEVELOPMENT REZONING CONCERNING PA 87-127.
CREST ENTERPRISES. INC.jTHE NEW EWE
PLANNED DEVELOPMENT (PD) REZONING APPLIGATION
WHEREAS, Cynthia Ingalls, representing The New Ewe, filed an
application requesting the City rezone a .54 acre site at 11873 Dublin
Boulevard to expand the uses permitted for the site within that Planned
Development District; and
WHEREAS, said site (APN 941-1550-4) is one of three parcels
(APN 941-1550-3, 941-1550-4 and 941-1550-5) currently zoned Heritage Park PO,
Planned Development 1362 Zoning Unit (Z.U.); and
WHEREAS, all affected property owners within the Heritage Park
Planned Development 1362 Z.U. have filed applications initiating the PD
Rezoning request; and
WHEREAS, the Planning Commission held public hearings on
November 2, 1987, and November 16, 1987; and
WHEREAS, proper notice of said public hearings was given in all
respects as required by law; and
WHEREAS, on November 16, 1987, after hearing and considering all
reports, recommendations and testimony the Planning Commission adopted
Resolution No. 87-074 recommending the City Council adopt a Negative
Declaration for PA 87~127 and adopted Resolution No. 87-075 recommending
adoption of an Ordinance and establishing findings and general provisions for
PD Rezoning for PA 87-127; and
WHEREAS, this application has been reviewed in accordance with the
prov1s10ns of the California Environmental Quality Act and the City Council
adopted a Negative Declaration of Environmental Significance (City Council
Resolution No. 109 - 87) for this project, as it will have no significant
effect on the environment; and
WHEREAS, the Staff Report was submitted recommending that the City
Council rezone the property at 11873 Dublin Boulevard to a PD, Planned
Development District allowing banks, savings and loan institutions, restaurant,
medical offices, health club/fitness center, and tanning and beauty salon uses;
and
WHEREAS, the Green Store was built as a store use within the 1850's
by John Green, an early settler in Dublin and a County Supervisor, and
WHEREAS, the Green Store is one of the oldest buildings within the
City of Dublin, and
WHEREAS, PD l362nd Zoning Unit was adopted by the Alameda County
Board of Supervisors on September 19, 1987, requiring the Green Store be
restored and preserved in compliance with the National Historic Register
standards for Historic Rehabilitation; and
WHEREAS, the Green Store was restored in compliance with the
General Provisions of l362nd Zoning Unit Planned Development; and
WHEREAS. the Dublin City Council considers the Green Store building
to be a significant historic resource to the General Public; and
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A TT ACH~1ENT :L
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WHEREAS, the City Council determined that uses permitted and
operated within the Green Store should promote the historic value and integrity
of building; and
WHEREAS, the City Council reviewed and considered all reports.
recommendations and testimony concerning the Planned Development Rezoning
~request at a public hearing on December 14, 1987, December 21, 1987, and
January II, 1988;
NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin City Council does
hereby find that:
1. Rezoning the property to a PO, Planned Development District to expand the
existing permitted uses, requiring a historic theme for uses established in the
district, will be appropriate for the subject property in that it will ensure
compatability among uses, compatability with the historic character of the
Green Store, and will provide for a range of uses which will be compatible to
existing land uses in the immediate vicinity and which will conform to the
General Plan land use designation. .
2. The rezoning will not have a substantial adverse affect on health or
safety or be substantially detrimental to the public welfare or be injurious to
property or public improvement.
3. The rezoning will not overburden public services.
BE IT FURTHER RESOLVED THAT THE Dublin City Council does hereby
establish the following General Provisions:
1. FA 87-127 PD, Planned Development District is established to modify and
expand the permitted uses approved for 11873 Dublin Boulevard (the Green
Store parcel, APN 941-1550-4) of the 1362nd Zoning Unit, and to establish
uses compatible to the historic character of Green Store building,
comparable with other uses operating within the Green Store, and compatible
with the existing Heritage Park office complex, and with the surrounding
residential and retail uses. Uses and development of property within this
PD, Planned Development District shall be subject to the provisions of the
C-O District except as modified through the General Provisions for
PA 87-127.
2. The following Principal Uses are permitted in the Planned Develoment
District:
a) restaurant
b) bank/financial institution
c) antique store
d) ice cream store
e) candy store
f) barber shop
g) photographer
h) health club/fitness center
i) tanning salon
j) beauty salon
k) medical offices
3. The following is a Conditional Use in the Planned Development Distict and
shall be permitted only if a Conditional Use Permit is approved:
tavern
4. Specific uses in the PA 87-127 PD, Planned Development District shall
comply with the following:
a) all approved uses shall promote and maintain the historic value and
integrity of the Green Store.
b) all approved uses shall promote and maintain a historical theme
compatible with the historic character of the Green Store.
c) All approved uses shall maintain and enhance interior and exterior
accessability of the Green Store to the General Public.
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v
5. PA 87~127 PO, Planned Development shall be subject to all other applicable
provisions of the 1362nd Zoning Unit, Alameda County, Exhibit C, approved
September 19, 1978, by the Board of Supervisors (Ordinance No. 2-87).
6. Prior to establishment of use the Applicant shall comply with all
applicable City of Dublin Police Security Regulations, including pinlocks
installed on all unsecured casement windows and steel door bars with
padlock to secure doors during non-business hours subject to Police
Department approval. .
7. Prior to establishment of use the Applicant shall a) remove all plant
material from the sidewalk along Donlon Way and Dublin Boulevard, b) clean
existing catch basins and drain lines, and c) correct the sunken spot and
repair the AC paving in the driveway adjacent to Dublin Boulevard.
8. Prior to establishment of use the Applicant shall remove the storage shed
built without permits located on the east portion of the lot.
9. Prior to establishment of use, the Applicant shall secure all required City
permits, including, but not limited to, zoning approval and building
permits.
10. The Applicant shall submit revised C.C. & R. 's as necessary for review and
approval by the City Attorney and Planning Director.
11. Any exterior or interior modification, addition, alteration, or accessory
structure shall reflect and be consistent and compatible with the historic
nature of the Green Store, and shall be subject to Site Development Review
approval.
12. All new and existing signage shall be subject to a sign program that shall
reflect and be consistent and compatible with the historic nature of the
Green Store and shall be similar to and compatible with the professional
office uses.
PASSED, APPROVED AND ADOPTED this 11th day of January, 1988.
AYES:
Counci1members Hegarty, Moffatt and Vonheeder
NOES:
Councilmember Snyder and Hayor Jeffery
ABSENT:
None
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ATTEST: ~
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City Clerk
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