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HomeMy WebLinkAbout6.2 Public Hrg Crest Ent & The New Ewe PA87-127 AGENDA STATEMENT / CITY COUNCIL MEETI~TE: January II, 1988 3UBJECT; PUBLIC HEARING: FA 87-127 Crest Enterprises and The New Ewe: A request for a Planned Development Rezoning initiated by the affected property owners to expand the permitted uses within a portion (APN 941-1550-4) of the existing 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. 110-87 Establishing Findings and General Provisions for PA 87-127 RECOMMENDATION: f1j fr ~()\~ 1. Open p~blic 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. FINANCIAL STATEMENT: None. DESCRIPTION: On December 21, 1987, the City Council introduced an Ordinance amending the City Zoning Ordinance to permit the rezoning of a parcel located on the southeast corner of Donlon Way and Dublin Boulevard and adopted Resolution Nos. 109-87 adopting a Negative Declaration for PA 87-127 and 110-87 establishing Findings and General Provisions for PA 87-127. The general provisions include provisions requiring uses 1) to be compatable with the historic character of the Green Store, 2) to promote and maintain historic value and integrity, 3) maintain historic theme and 4) enhance interior and exterior accessability of the Green Store to the public. Additionally the general provisions require approval of a Conditional Use Permit for all uses in the Planned Development and limits the uses to restaurant, tavern, bank, antique store, ice cream store, candy store, barber shop, photographer, health club, beauty salon, tanning salon, medical offices and other similar uses consistent with historic theme of the Planned Development District. The Ordinance proposes to rezone Assessor Parcel Number 941-1550-4, The Green Store, 11873 Dublin Boulevard, from a Planned Development l362nd Zoning Unit to a Planned Development PA 87-127 expanding uses on the property. Staff recommends that the City Council waive the second reading and adopt the Ordinance relating to the Planned Development Rezoning. ---------------------------------------------------------------------------..-- COPIES TO: Applicant / Owners ~ File PA 87-127 Dublin Historical Assoc. ITElI NO. 0..2 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 WAY 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 1362nd Zoning Unit to a PD, Planned Development District, PA 87-127 - Crest Enterprises/The New Ewe, as shown on Exhibit B (Negative Declaration of Environmental Significance) , and Exhibit C (Approval, Findings and General Provisions of the PD, 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: REzoNE C-O FRom I'D 1362.nd Zemin. on ./. _ - - .;\ os,s o q'o : TI, PA 8-1- 121 _I'D ' W ia ./.401■-■IF • ' cc, VC _ - ■ C-1 -14W" x „00* Srcr 7 M_-�_g_ � t f % � tttt 4� \ r ' I1 t i A , . --- ' ' t t -- f /` / t r }t t t t t t 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 t r 1 z _t rt,-., , 4 ail ;,a?:3 f�,t -. J , , , . , , , , , , . : . . , , , , , . . , , I , , , , , , , , , , . , , , ,. ". ,.". " " , ;',/ ; .". , ! '~~'.~-1 ~: ~)'@rtj < ,----. , 11 .. ... - :::... ~~ " ,~,r"" U. ~ ~ ~ ~ 0 ~ ! 0 c E CIT\' OF .DUUtlN n ...--/\..-. ~ _./ \ ....--nJ" n '\ ./ I I N .... " ~ ..-_./ ~ ..,.. ,......." r- "., n....... .J.'- I .//_\ N 1\ TT ACHMENT I l1Q~'-I?' .... 3: I -' :! ~b.,."" -' "::::''\IT~D '.b"hL~^_ m.c...:o RESOLUTION NO. 110 - 87 A RESOLUTION OF THE GITY COUNCIL OF THE CITY OF DUBLIN ESTABLISHING FINDINCS AND GENERAL PROVISIONS FOR A PD. PLANNED DEVELOPMENT REZONING CONCERNING PA 87-127. CREST ENTERPRISES. INC.jTHE NEM EWE PLANNED DEVELOPMENT (PD) REZONING APPLICATION 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 PD, Planned Development 1362 Zoning Unit (Z.U.); and WHEREAS, all affected property pwners within the Heritage Park Planned Development 1362 Z.U. have filed applications initiating the PO 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 prov~s~ons 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 WHE~~S, the Staff Re?ort 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 WHERL~S, 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 1362nd Zoning Unit Planned Development; and WHEREAS, the Dublin Ci::y COllncil considers the Gl:een Stot-e building to be n significant historic resource to the General Public; and -1- A TT ACHMENT 2- 'ffle.l-l~l ~. en-~ 1ro"''l''''~ WHEREAS, the City Council dete_....tned 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 and December 21, 1987; 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: 1) requiring approval of a Conditional Use permit for all uses established within the district, and 2) 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 a~fect 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. PA 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 l362nd 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 PO, Planned Development District shall be subject to the provisions of the C~O District except as modified through the G~neral Provisions for p" 87-127. 2. All uses established within the Planned Develo?~ent shall be subject to approval of a Conditional Use Permit, and shall be limited to the following: a) restaurant b) tavern c) bank/financial institution d) antique store e) ice cream store f) candy store g) barber shop h) photographer i) health club/fitness center j) tanning salon k) beauty salon 1) medical offices m) Other similar uses ~here explicitly found to be consistent with the historic theme of the Planned Developne~t District. 3. Specific uses in the PA 87~127 PO, Planned De,elopment District shall comply with the following: a) all appro,,"ed uses shall p:.'omote and maintain the historic value and integrity of the GLeen Store. b) all appro".ed uses sh.:1.11 promote and maintaia a historical theme compatible ,..ith the historic characteL of the Green S;;:ore. c) All appro,ed \15<2'5 sh311 r.\3intain and enhance interior and exterior accessability of the GL??n Stot-e to the Ga....eral Public. 4. FA 87-127 PO, FLmnl'd Dl'"...1ol'I1:l'nt sh.'l11 be su::.j<>ct to nIl other applicable p1.:o\-isions of the 1362nd Z0ning. Unit, Alameda Count)', Exhibit C, appro\.ed Septemhc!1: 19, 197$, by thL' B_"i.11:d of SUl-lervisors (Ol"dinance N". 2-87). -2- Prior to establishment of use the Ap~ ~ant 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. 6. Prior to establishment of use the Applicant shall a) remove all plant material from the sidewalk along Donlon Yay 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. 7. Prior to establishment of use the Applicant shall remove the storage shed built without permits located on the east portion of the lot. 8. Prior to establishment of use, the Applicant shall secure all required City permits, including, but not limited to, zoning approval and building permits. 9. The Applicant shall submit revised C.C. & R.'s as necessary for review and approval by the City Attorney and Planning Director. 10. 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. 11. All new and existing signage shall be subject to a sign program that shall reflect and be consistent and compat~b~e 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 21st day of December, 1987. AYES: Councilmembers Hegarty, Vonheeder and Mayor Jeffery NOES: Councilmembers Snyder and Moffatt ABSENT: None ~:f''/ ~{j7 Mayor p ATTEST: ~ -, -3-