HomeMy WebLinkAbout6.1 Crest Enterprises & The New Ewe PA87-127
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AG~lDA STATEMENT
GITY COUNCIL MEETING DATE: December 21, 1987
SUBJECT: PUBLIC HEARING:
EXHIBITS ATTACHED:
Background Attachments:
RECOMMENDATION:
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PA 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).
The proposed expanded uses include medical
offices and labs, health club/fitness center,
and beauty and tanning salon in addition to the
bank, savings and loan, and restaurant uses
currently permitted on the site, 11873, 11891
and 11875-11887 Dublin Boulevard.
Exhibit A: Draft Resolution Denying PA 87-127
Crest Enterprises and The New Ewe
Exhibit B: Draft Resolution Adopting the
Negative Declaration for PA 87-127
Crest Enterprises and The New Ewe
(requiring Conditional Use Permit
and Historic Theme)
Exhibit C: Draft Resolution Establishing
Findings and General Provisions for
PA 87.127 Crest Enterprises and The
New Ewe (requiring Conditional Use
Permit and Historic Theme)
Exhibit D: Draft Or~inance Amending the Zoning
Ordinance for PA 87-127 Crest
Enterprises and The New Ewe
(requiring Conditional Use Permit
and Historic Theme)
1. December 14, 1987, City Council Staff Report
and Attachments for PA 87-127 (under
separate cover)
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.
A. Adopt Resolution denying PA 87-127; OR
5. B-1. Adopt Resolution regarding Negative
Declaration (December 14, 1987, Staff
Report).
B.2. Adopt Resolution regarding Planned
Development Rezoning (December 14,
1987, Staff Report).
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ITEfI NO.
6.1
COPIES TO: Applicant
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B-3. ' Waive reading and introduce Ordinance
amending Zoning Ordinance
(December 14, 1987. Staff Report); OR
5. C-l. Adopt Resolution regarding Negative
Declaration (requiring Conditional Use
Permit and Historic theme).
C-2. Adopt Resolution regarding Planned
Development Rezoning (requiring
Conditional Use Permit and Historic
theme) .
C-3. Waive reading and introduce Ordinance
amending Zoning Ordinance (requiring
Conditional Use Permit and Historic
theme); OR
5. D.
Continue item and give Staff
direction.
FINANCIAL STAT~T:
The project will have a negligible fiscal effect
on the City.
APPLICANT/REPRESENTATIVE:
Cynthia Ingalls
3211 Crow Canyon Place, Suite 279
San Ramon,' CA 94583
PROPERTY OWNERS:
Crest Enterprises, Inc.
Box 956
Oakland, CA 94604
Portobello Investors &
Portobello-Chase Investors
c/o Marvin E. Poer & Company
221 East Yalnut Street, #242
Pasadena, CA 91~01
Dambrosio Bros. Investment Co.
1228 Reemwood Avenue . .
Surnyvale, CA 94086
LOCATI ON:
11873 Dublin Boulevard
ASSESSOR PARCEL NUMBER:
941-1550-4
PARCEL SIZE:
.54 Acre
DESCRIPTION:
This item was continued from the December 14, 1987, City Council meeting
to allow the Property Owner and Applicant another opportunity to attend the
Council meeting prior to the Council taking action of the Rezoning request.
At the December 14th City Council meeting, Councilmembers indicated ~~o
primary concerns with the Applicant's proposal: 1) use compatibility and
2) maintaining the historic value and integrity of the building.
Use Compatibilitv:
The Applicant/Property Owner indicates that the New Ewe (women's Health
Club/Fitness Center) will occupy a portion of the main floor and the entire
top floor. A bar is likely to occupy the remaining portion of the main floor
while medical offices are proposed for the basemenc area. The current Planned
Development permits bars in conjunction with a restaurant use. Bars operated
separately are considered taverns and are not specifically permitted in this
Planned Development. Typically, a bar operated separately requires approval
of a Conditional Use Permit.
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Although conventional zoning in the City (namely, the C.2 District)
allows for the possibility to locate all of the proposed uses within a single
~one. the health club/fitness center and the bar (when not operated In
conjunction with a restaurant) require approval of a Conditional Use Permit.
The Conditional Use Permit process allows the Planning Commission to determine
whether the particular use will properly relate to other uses In the vicinity.
The Planned Development 1362nd Zoning Unit previously approved by Alameda
County "and the Planned Development Rezoning as proposed by the Applicant -
identify the general uses as permitted uses and do not allow the City the
discretion of determining the compatibility of uses on an individual basis as
tenants may change over the years.
The limited area of the proposed Planned Development (the Green Store
building) causes the uses to be located within close proximity to each other.
Due to the close proximity in which uses in the Green Store operate, not all
uses typically found within a conventional zoning district are compatible uses
within the Green Store Planned Development. A health club/fitness center or a
bar typically involve more intense useage in terms of activity, noise
generated and occupancy of the building than do medical offices or beauty
salons. Based upon the nature of the proposed uses and the proximity in which
the uses must function, the combination of uses proposed by the Applicant may
be found by the City Council not compatible uses.
If the Council chooses to approve the Planned Development Rezoning, a
provision can be included in the General Provisions to require all uses to be
subject to a Conditional Use Permit approved by the Planning Commission.
Historic Value and Integrity:
The Green Store was built around
Dublin and a former County Supervisor.
City, the Green Store is a significant
Dublin.
1850 by John Green, an early settler in
As one of the oldest buildings in the
historical resource in the City of
In recogn~t~on of the importance of promoting and maintaining the
historic value and integrity of the Green Store, .the General Provisions for
the Planned Development l362nd Zoning Unit required the Green Store to be
preserved and restored to the building's authentic desigo, and required the
restoration and any alterations to comply with the National Register Standard
for Historical Rehabilitation.
The historic value and integrity of the building can be maintained and
promoted not only through the physical preservation of the structure, but also
through the type of uses and activities operated within the structure. The
uses which were approved for the Green Store in Planned Development
1362nd Zoning Unit provide uses with the potential to both promote and
maintain the historic value and integrity of the Green Store.
Banks/savings and loans and restaurant uses easily lend themselves to
historic themes in terms of the operation, corporate image or in the decor of
use. However, the requirement for uses to maintain an historic cherne was not
a specific requirement in the Planned Develoment General Frovisions. As a
result, uses occupying the Green Store in the past have given little
consideration to historic themes and have done little co promote the historic
value of the building. Additionally, the three approved uses for the Green
Store property promote the historic value of the building by providing boeh
visual access and actual physical access to the building by the general
public.
The health club/fitness center and medical offices the Applicant
proposes in the Planned Development Rezoning do not lend themselves to
historic themes and do not promote the historic value of the building. Both
types of uses do not enhance the accessibility of the structure to the general
public as they are restrictive in their clientel and membership (the health
club is proposed as a women1s facility, while medical offices are frequented
by individuals seeking specific medical services).
If the Council chooses to adopt the Planned Development Rezoning, the
General Provisions can include a requirement that uses maintain an historic
theme either in function or decor compatible with the historic character of
the building.
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Staff recommends that the City Council take one of the following
actions:
1. Adopt Resolution denying PA 87-127 (Exhibit A);
OR
2.
A.
Adopt the Resolution adopting t~e Negative Declaration (Exhibit A
- December 14, 1987);
B. Adopt the Resolution presented in the December 14, 1987, Staff
Report establishing Findings and General Provisions (Exhibit B
December 14, 1987);
C. Waive the reading and introduce the Ordinance presented in the
December 14, 1987, Staff Report amending the Zoning Ordinance
(Exhibit C - December 14, 1987);
OR
3.
A.
Adopt the Resolution adopting the Negative Declaration for
PA 87-127 requiring historic theme and Conditional Use Permit for
all uses (Exhibit B);
B. Adopt the Resolution eestablishing Findings and General Provisions
for PA 87-127 requiring historic theme and Conditional Use Permit
for all uses (Exhibit C);
C. Waive the reading and introduce the Ordinance amending the Zoning
Ordinance (Exhibit D).
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RESOLUTION NO. - 87
A RESOLUTION OF THE CITY GOUNCIL
OF THE CITY OF DUBLIN
DENYING PA 87-127 GREST ENTERPRISES, INC.jTHE NEY EYE
PLANNED DEVELOPMENT REZONING REQUEST
~EREAS. 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, ~aid 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 1362nd Zoning Unit (Z.U.); and
WHEREAS, all affected,property owners within the Heritage Park
Planned Development 1362nd 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 FA 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, the Green Store was built 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, Planned Develoment l362nd Zoning Unit was adopted by the
Alameda County Board of Supervisors on September 19, 1978, 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
WHERL~S, the City Council determined that uses permitted and
operated within the Green Store should promote the historic value and integrity
of the building; and
WHERL\S, the City Council reviewed and considered all reports,
recommendations and testimony concerning the Planned Development Rezoning
request at a public hearing on December 14, and December 21, 1987;
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. EXHiBII A .
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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 uses to allow medical offices, health club/fitness center and tanning
and beauty salon uses, in addition to the banks, savings and loan institutions
and restaurant currently permitted in the District will not be appropriate for
the property in that the uses proposed are not compatible with each other due
to the varying intensities of uses 1n terms of activities, noise generated and
occupancy, and due to the close proximity in which the uses operate within the
single structure.
2. The Rezoning as proposed does not promote the historic value or integrity
of the Green Store in that the proposed uses do not lend themselves to historic
themes and do not enhance the public's accessibility to the Green Store.
NOW, THEREFORE, THE CITY COUNCIL concludes that the proposed
Rezoning will not be compatible with the development of the Planned Development
1362nd Zoning Unit.
BE IT FURTHER RESOLVED THAT THE Dublin City Council does hereby
deny PA 87-127 Crest EnterprisesjThe New Ewe Planned Development Rezoning.
PA~SED, APPROVED AND }~OPTED this 21st day of December, 1987.
AYES:
NOES:
ABSENT:
Mayor
ATTEST:
City Clerk
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RESOLUTION NO. - B7
A RESOLUTION OF THE CITl COUNCIL
OP THE CITY OF DUBLIN
ADOPTING A NEGATIVE DECLARATION
OP ENVIRONMENTAL SIGNIPIGANGE CONCERNING PA 87.127
CREST ENTERPRISES, ING./THE NEW VJE 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 is one of three parcels currently zoned PO,
Heritage Park Planned Development, 1362 Zoning Unit (Z.D.); and
WHEREAS, the rezoning request has been initiated by the three
affected property owners within PD 1362 Z.U.; and
WHEREAS. the California Environmental Quality Act (CEQA), as
amended together with the State's Administrative Guidelines for Implementation
of the California Environmental Regulations, requires that certain projects be
reviewed for environmental impact and that environmmental documents be
prepared; and
WHEREAS, a Negative Declaration of Environmental Significance has
been prepared for PA 87-127; and
WHEREAS, the Staff Report was submitted recommending that the
Planning Commission recommend that the City Council rezone the property to a
PD, Planned Development District allowing banks, savings and loan institutions,
restaurant, medical offices, health club/fitness center, and tanning and beau~.
salons.
WHEREAS, the Planning Co~mission did review the Negative
Declaration of Environmental Significance and considered it at a public heari~g
on November 2, 1987, and November 16, 1987; and
~~S, the City Planning Commission determined that the PD
Rezoning, PA 87-l27~ will not have any significant environmental impacts; and
WHEREAS, on November 16, 1987, the Pla~~ing Commission adopted
Resolution No. 87-074 recommending the City Council adopt a Negative
Declaration of Environmental Significance concerning PA 87-127 Rezoning; and
WHERL~S, the City Council reviewed and considered all reports,
recommendations and testimony relating to the Negative Declaration for
PA 87-137 at a public hearing on December 14, 1987 and December 21, 1987;
NOW, THEREFORE, BE IT RESOLVED THAT TEE Dublin City Council finds
that the Negative Declaration of Environmental Significance has been prepared
and processed in accordance with State and Local Environmental Law and
Guideline Regulations, and that it is adequate and complete.
PASSED, APPROVED fu~D ADOPTED this 21st day of December, 1987.
AYES:
NOES:
ABSENT:
Mayor
ATTEST:
City Clerk
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RESOLUTION NO. - 87
A RESOLUTION OF THE CITY GOUNGIL
OF THE GITY OF DUBLIN
ESTABLISHING FINDINCS AND GENERAL PROVISIONS FOR A PO,
PLANNED DEVELO~NT REZONING CONGERNING PA 87-127,
CREST ENTERPRISES, INC.jTHE NEW EWE
PLANNED DEVELO~NT (PO) REZONING APPLIGATION
WHEREAS, Cynthia Ingalls, representing The New E~e. 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
YHfL~. 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 testi~ony the Plap~ing Commission acopted
Resolution No. 87-074 recommending the City Council adopt a Nega~ive
Declaration for PA 87-127 and adopted Resolution No. 87-075 recomcending
adoption of an Ordinance and establishing findings and general provisions for
PO 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. ___ - 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 PO, Planned
Development District allowing bar~s, savings and loan institutions, restaurant,
medical offices, health club/fi~ess center, and tanning and beauty salon uses;
and
WHERL\S, 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 1362nd Zoning Unit was adopted by the Alaueda County
Board of Supervisors on September 19, 1987, requi~ing 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 City Council considers the Green Store building
to be a significant historic resource to the General Public; and
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WHEREAS, the City Council determined that uses permitted and
operated within the Creen Store should promote the historic value and integrity
of building; and
WHEREAS, the City Cou~cil reviewed and considered all repores,
recommendations and testimony concerning the Planned Development Rezoning
request at a public hearing on uecember 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 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. PA 87-127 PO, Planned Development Di$trict is established to modify and
expand the permitted uses approved for 11873 Dublin Boulevard (the Green
Store parcel, AP~ 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
PD, Planned Development District shall be subject to the provisions of the
c-o District except as modified through the General Provisiop~ for
PA 87-127.
2. All uses established within the Planned Development 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) Other similar uses where explicitly found to be consistent with t~e
historic theme of the Planned Development District.
3. 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 Score.
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.
4. Hassage establishments or services shall be a prohibited use in PA 87-127
PD, Planned Development District except as specifically exempted under the
City's Ordinance regulating massage establishments and services (Ordinance
No. 2-87).
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5. PA 87-127 PO, Planned Development shall De 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 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 21st day of December, 1987.
AYES:
NOES:
ABSENT:
Mayor
ATTEST:
City Clerk
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ORDINANGE NO. - 87
AN ORDINANGE OF THE GITY OF DUBLIN AHENDING THE ZONING ORDINANCE TO PERMIT
THE REZONING OF REAL PROPERTY LOGATED AT THE SOUTHEAST CORNER OF
DONLON WAY AND DUBLIN BOULEVARD
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The City Council of the City of Dublin does ordain as follows:
Section 1
Chapter 2 of Title 8 of the Dublin Ordinance Code 1s hereby amended 1n 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 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 (Approval, Findings and
General Provisions of the PD, Planned Development Rezoning) on file with the Ci~J
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 fifeeen (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 ne~spaper 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 1987, by the follo~ing votes:
AYES:
NOES:
ABSENT:
Mayor
ATTEST:
City Clerk
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