HomeMy WebLinkAbout6.2 Public Hrg Crest Ent & The New Ewe PA87-127
AGENDA STATEMENT
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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:
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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.
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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 ./. _ - -
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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. 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
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A TT ACHMENT 2-
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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).
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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
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Mayor p
ATTEST:
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