HomeMy WebLinkAbout87-127 Crest Enterprises & the New Ewe 11-16-1987
CITY OF DUBLIN
PLANNING COMMISSION
AGENDA STATEMENT/STAFF REPORT
Meeting Date: November 16, 1987
TO:
SUBJECT:
Planning Commission
1fJ-01~ Planning Staff ~
PA 87-127 Crest Enterprises and The New Ewe
Planned Development Rezoning, 11873 ,11891
and 11875-11887 Dublin Boulevard.
FROM:
GENERAL INFORMATION:
PROJECT:
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, 1362 Z.U. (APN 941-1550-4,
941-1550-3 and 941-1550-5). ,The proposed
expanded uses include medical offices and labs,
health spa, massage therapist, and beauty and
tanning salon in addition to the bank, savings
and loan, and restaurant uses currently
permitted on the site.
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 Walnut Street, #242
Pasadena, CA 91101
Dambrosio Bros. Investment Co.
1228 Reemwood Avenue
Sunnyvale, CA 94086
LOCATION:
11873 Dublin Boulevard
ASSESSOR PARCEL NUMBER:
941-1550-4
PARCEL SIZE:
.54 Acre
GENERAL PLAN
DESIGNATION:
Retail office
EXISTING ZONING
AND LAND USE:
PD - Planned Development District
l362nd Zoning Unit covering APN's:
941-1550-4; 941-1550-3; 941-1550-5;
totaling approximately 8.0~ acres.
Office complex and vacant restaurant/bar,
COPIES TO:
Applicant
Owners
File PA 87 -127
ITEM NO.
?>. I
SURROUNDING LAND USE
AND ZONING:
North -
East -
South -
West -
R-S-D-20 - Multi-Family Residential Use
PD - Restaurant
PD - Office Complex
C-l - Retail Commercial Center
ZONING HISTORY:
September 19, 1978: Alameda County Board of
Supervisors approved PD, Planned Development
l362nd Zoning Unit permitting banks, savings and
loan or restaurant uses on Sites A and B
(APN 941-1550-4 and 941-1550-3), and permitting
business, administrative and professional office
uses on Site C (APN 941-1550-5).
November 20, 1978: Alameda County Planning
Commission approved the preservation of
restoration plan for the Green Store.
April 5, 1982: Dublin City Council adopted
Resolution No. 17-82 vacating a portion of
Dublin Boulevard adjacent to Green Store.
November 22, 1982: Dublin City Council resolved
Green Store modifications which were made
contrary to planning conditions of approval and
without building permits.
August 30, 1983: Dublin Planning Director
approved PA 82-032 freestanding sign for the
site.
APPLICABLE REGULATIONS:
Section 8-31 to .19 of the City's Zoning Ordinance establishes the
intent of Planned Development Districts and establishes the procedures for
processing Planned Development Rezoning.
Section 8-103.1 of the City's Zoning Ordinance states: "An amendment
may be initiated by resolution by the Board of Supervisors or of the Planning
Commission. In the case of a proposed reclassification of property, amendment
also may be initiated by a petition. When such amendment is initiated by
petition, the petition shall be signed and verified by the owner of the
property affected by the proposed change."
ENVIRONMENTAL REVIEW: The City proposes to adopt a Negative Declaration of
environmental significance which finds the project will not have a
significant impact on the environment.
NOTIFICATION: Public Notice of the November 16, 1987, hearing was published
in The Herald, mailed to adjacent property owners, and posted in public
buildings.
BACKGROUND:
This item was continued from the November 2, 1987, Planning Commission
meeting. At that meeting the Commission directed Staff and the Applicant to
contact all affected property owners to consider initiating the rezoning
petition. In compliance with this direction, a realtor for the property
contacted the two other property owners and submitted the required
applications on November 3, 1987. Staff subsequently provided the public
notice for the November 16, 1987, Planning Commission meeting.
-2-
ANALYSIS:
The Applicant's request is to rezone one of three parcels of property in
the Heritage Park Planned Development District (see Staff Report dated
November 2, 1987, Attachment #3). A Planned Development District is a special
zoning district that affects all of the property in that district, A request
to rezone one parcel within a Planned Development District affects all other
parcels within the same Planned Development District. The Zoning Ordinance
provides for a rezoning to be initiated by resolution of 1) the City Council
or 2) the Planning Commission, or 3) by petition of all of the affected
property owners. In compliance with option 3), the three affected property
owners within the existing PD District have filed applications requesting the
rezoning of the Green Store parcel (Site A, APN 941-1550-4).
As noted in the Staff Report of November 2, 1987, the proposed uses
(with the exception of the massage establishment) are compatible with the
surrounding office, retail and residential uses.
Massage establishments in the City of Dublin require approval of a
Conditional Use Permit within the C-l (Retail Business) District and approval
of a police permit. Massage establishments are not permitted in any other
district.
Staff recommends that massage establishments continue to be restricted
to the C-l District subject to the approval of a Conditional Use Permit. The
proposed uses (medical offices, health club/fitness center) and the existing
development of the property represent a modified C-O District (Administrative
Office District). A massage establishment is not compatible with the c-o
District character of the Planned Development. Staff recommends that massage
establishments not be permitted in this Planned Development except as
specifically exempt in City of Dublin Ordinance 2-87 regulating massage
establishments and services.
RECOMMENDATION:
FORMAT:
1)
2)
3)
4)
5)
Open public hearing and hear Staff presentation.
Take testimony from Applicant and the public.
Question Staff, Applicant and the public,
Close public hearing and deliberate.
Adopt Resolutions relating to Planned Develoment rezoning,
or give Staff direction and continue the matter.
ACTION:
Staff recommends the Planning Commission take the following
actions:
1) Adopt Resolution recommending the City Council adopt a
Negative Declaration of Environmental Significance for
PA 87-127.
2) Adopt Resolution recommending the City Council adopt an
Ordinance establishing findings and general provisions for
PD rezoning PA 87-127.
ATTACHMENTS:
Exhibit A: Draft Resolution relating to Negative Declaration for
PA 87-127
Exhibit B: Draft Resolution relating to Planned Development Rezoning
and General Provisions
Background Attachments:
1. Location Map
2. Draft Ordinance Amending Zoning
Ordinance relating to
PA 87-127
3. Planning Commission Staff Report dated
November 2, 1987, with Attachments
-3-
RESOLUTION NO. 87-
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
RECOMMENDING THAT THE CITY COUNCIL ADOPT A NEGATIVE DECLARATION
OF ENVIRONMENTAL SIGNIFICANCE CONCERNING PA 87-127
CREST ENTERPRISES, INC.jTHE NEW 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 is one of three parcels currently zoned PD,
Heritage Park Planned Development, 1362 Zoning Unit (Z.U.); 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 beauty
salons.
WHEREAS, the Planning Commission did review the Negative
Declaration of Environmental Significance and considered it at a public hearing
on November 2, 1987, and November 16, 1987; and
WHEREAS, the City Planning Commission determined that the PD
Rezoning, PA 87-127, will not have any significant environmental impacts;
NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission
recommends that the City Council find 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 AND ADOPTED this 16th day of November, 1987.
AYES:
NOES:
ABSENT:
Planning Commission Chairperson
ATTEST:
Planning Director
~A '1....'"Z.1
A
~ 1) ~-~~~
RESOLUTION NO. 87-
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
------------------------------------------------------------------------------
RECOMMENDING THE CITY COUNCIL ADOPT AN ORDINANCE AND ESTABLISH FINDINGS AND
GENERAL PROVISIONS FOR A PD, PLANNED DEVELOPMENT REZONING CONCERNING PA 87-127,
CREST ENTERPRISES, INC./THE NEW 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 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, this application has been reviewed in accordance with the
provisions of the California Environmental Quality Act and the Planning
Commission recommended the City Council adopt a Negative Declaration of
Environmental Significance (Planning Commission 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
Planning Commission recommend 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 Planning Commission heard and considered all said
reports, recommendations and testimony herein above set forth; and
WHEREAS, rezoning the property to a PD, Planned Development
District to expand the existing uses will be appropriate for the subject
property in terms of providing a range of permitted uses which will be
compatible to existing land uses in the immediate vicinity and which will
conform to the General Plan land use designation; and
WHEREAS, 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; and
WHEREAS, the rezoning will not overburden public services; and
NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission
does hereby recommend that the City Council adopt an Ordinance approving the
PD, Planned Development Rezoning request subject to the following general
provisions:
1. PA 87-127 PD, Planned Develoment District is established to 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 permitted uses
compatible with the existing Heritage Park office complex and with the
surrounding residential and retail uses, Uses and development of property
'fA 87"%.7
13
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-1-
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. Specific uses permitted in the PA 87-127 PD, Planned Development District
are limited to the following uses:
a) Financial Institutions Including banks and savings and loans
b) Restaurant
c) Medical Offices
d) Service Commercial - Limited to beauty salon, tanning salon, barber
shop
e) Health Club/Fitness Center
3. Massage 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).
4. PA 87-127 PD, Planned Development shall be subject to all applicable
provisions of the l362nd Zoning Unit, Alameda County, Exhibit C, approved
September 19, 1978, by the Board of Supervisors (Ordinance No. 2-87),
5. 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.
6, 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.
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 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 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 16th day of November, 1987.
AYES:
NOES:
ABSENT:
Planning Commission Chairperson
ATTEST:
Planning Director
-2-
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PIUP'AM(D BY
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CITY OF
DUBLIN
&.TJ SA NT
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i ,ACHMENT I
1JQ 87-,t.1 ~ t~f\ "', 'P
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C'I'I~ (", II""'" -.r
ORDINANCE NO. - 87
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 (11873 Dublin Boulevard) to a PD, Planned
Development District, permitting banks, savings and loan institutions, restaurant,
medical offices, beauty salon, tanning salon and health club/fitness center, PA
87-127 - Crest Enterprises/The New Ewe, as shown on Exhibit A (Negative
Declaration of Environmental Significance), and Exhibit B (Approval, Findings and
General Provisions of the PD, Planned Development Rezoning) on file with the City
of Dublin Planning Department, are 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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_______ _________ ___ ___________ -:----....;:~---~'..>------~r\ 'r\----- ..- _- _-------
_ ~ \\ \ __-------..lL...., --
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 , 1987, by the following votes:
AYES:
NOES:
ABSENT:
Mayor
ATTEST:
City Clerk
ATTACHMENT :L
fA 81- J). 7
Of? -D J It}) /JC fi
CITY OF DUBLIN
PLANNING COMMISSION
AGENDA STATEMENT/STAFF REPORT
Meeting Date: Nove~ber 2, 1987
TO:
Planning
Commission
Staff Mo'tt
if
FROM:
Planning
SUBJECT:
PA 87-127 Crest Enterprises and The New Ewe
Planned Development Rezoning, 11873 Dublin
Boulevard.
GENERAL INFORMATION:
PROJECT:
A request for a Planned Development Rezoning to
expand the permitted uses within an existing
Planned Development to include medical offices
and labs, health spa, massage therapist, tanning
and beauty salon.
APPLICANT/REPRESENTATIVE:
Cynthia Ingalls
3211 Crow canyon Place, Suite 279
San Ramon, CA 94583
PROPERTY OWNER:
Crest Enterprises, Inc.
Box 956
Oakland, CA 94604
LOCATION:
11873 Dublin Boulevard
ASSESSOR PARCEL NUMBER:
941-1550-4
PARCEL SIZE:
.54 Acre
GENERAL PLAN
DESIGNATION:
Retail office
EXISTING ZONING
AND LAND USE:
PD - Planned Development District
l362nd Zoning Unit covering APN's:
941-1550-4; 941-1550-3; 941-1550-5;
totaling approximately 8.0~ acres.
Vacant Restaurant/Bar
SURROUNDING LAND USE
AND ZONING:
North -
East -
South -
West -
R-S-D-20 - Multi-Family Residential Use
PD - Restaurant
PD - Office Complex
C-1 - Retail Commercial Center
ZONING HISTORY:
September 19, 1978: Alameda County Board of
Supervisors approved PD, Planned Development
l362nd Zoning Unit permitting banks, savings and
loan or restaurant uses on the property.
November 20, 1978: Alameda County Planning
Commission approved the preservation of
restoration plan for the Green Store.
'l~t.,
April 5, 1982: Dublin City Council adopted
Resolution No. 17-82 vacating a portion of
Dublin Boulevard adjacent to Green Store.
------------------------------------------------------------------------------
ITEM NO.
~ ' I
rOPT~~ ~n. A~~'~~~~~
ATTACHMENT:3 -
f~81"'I2.' "''Z.I81~W tl&pA-
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'-,"":'-/>.",'-.:'0'0'-',":"'.-..""':' ~_-'._
November 22, 1982: Dublin City Council resolved
Green Store modifications which were made
contrary to planning conditions of approval and
without building permits.
August 30, 1983: Dublin Planning Director
approved PA 82-032 freestanding sign for the
site.
APPLICABLE REGULATIONS:
Section 8-31 to .19 of the City's Zoning Ordinance establishes the
intent of Planned Development Districts and establishes the procedures for
processing Planned Development Rezoning.
Section 8-103.1 of the City's Zoning Ordinance states: "An amendment
may be initiated by resolution by the Board of Supervisors or of the Planning
Commission. In the case of a proposed reclassification of property, amendment
also may be initiated by a petition. When such amendment is initiated by
petition, the petition shall be signed and verified by the owner of the
property affected by the proposed change."
ENVIRONMENTAL REVIEW: The City proposes to adopt a Negative Declaration
of environmental significance which finds the project will not have a
significant impact on the environment.
NOTIFICATION: Public Notice of the November 2, 1987, hearing was published
in The Herald, mailed to adjacent property owners, and posted in public
buildings.
ANALYSIS:
The Applicant is requesting approval of a Planned Development Rezoning
to expand the types of uses permitted in an existing Planned Development at
11873 Dublin Boulevard (Green Store). The Green Store site, situated on a .54
acre parcel is one of three parcels located within an existing Planned
Development, Heritage Park (1362nd Z.U.). Under the existing PD the
Applicant's parcel, Site A, and the adjacent parcel to the east, Site B, is
restricted in use to a bank or savings and loan institution or restaurant (see
attached). The third and largest parcel, Site C, is limited to office use for
business, administrative or professional services. The Applicant is
requesting that Site A (the Green Store site) be rezoned to include medical
offices and labs, health spa/club, massage therapist and beauty and tanning
salon uses in addition to the bank, savings and loan institution and
restaurant uses currently identified as permitted uses in the existing Planned
Development.
The Planning Commission should note that the request is to rezone one of
three parcels of property in a Planned Development District. A Planned
Development District is a special zoning district that affects all of the
property in that district. The Zoning Ordinance provides for a rezoning to be
initiated by resolution of 1) the City Councilor 2) the Planning Commission,
or by petition of 3) all of the affected property owners. At this time, the
application has been made by the owner of one of the three affected parcels.
The Planning Commission can either a) direct Staff and Applicant to contact
all other affected property owners to consider initiating the rezoning, or
b) the Planning Commission can initiate the rezoning by petition. In either
case, the Planning Commission should continue this item to allow for
additional required public notices.
The Green Store, situated on the Southeast corner of Dublin Boulevard
and Donlon Way consists of 6,250~,:sq. ft. of floor area. The restoration and
preservation of the building was required by the general provisions for the
Planned Development approved by the Alameda County Board of Supervisors in
September, 1978. As a result of the condition of approval requiring authentic
restoration of the Green Store a covered porch was required. On April 5, 1982
the City Council approved an abandonment of the portion of Dublin Boulevard in
front of the Green Store as the porch encroached within the right of way (see
attached minutes).
-2-
The property owner, Mr. Nichandros, Crest Enterprises, Inc., made a
number of physical modifications (architecture, site plan, landscaping) to the
Green Store which were inconsistent with previous approvals. On November 22,
1982, the City Council resolved the matter by 1) removing the Stop Work Order,
2) approving the as-builts, 3) required compliance with the general provisions
for the Planned Development, and 4) maintained the parking and access require-
ments. The Applicant's parcel contains 29 on-site parking spaces and shares
reciprocal ingress, egress, and parking easements with Sites Band C. The
total number of parking spaces provided for the three sites is 483~.
The existing Heritage Park Planned Development is similar in character
and use to the C-O, Administrative Office District as it is primarily a
Professional Office District with limited commercial retail use permitted.
The Applicant's proposal (with exception of the massage establishment) expands
the c-o District character of the Green Store parcel to a very limited C-l
(Retail Business) District permiting office uses (medical offices, banks),
limited personal service retail uses (beauty salon, tanning salon) and
recreation facility (health club). Staff concurs with the Applicant's request
to permit the medical office, beauty and tanning salons, and health club as
the uses, subject to general provisions, could be compatible with surrounding
office uses, retail uses and residential uses.
Massage establishments in the City are regulated by a Police Permit
process and the Conditional Use Permit process. The C-1 District requires
approval of a Conditional Use Permit. Massage establishments are not
permitted or conditionally permitted in any other district in the City. The
City's Ordinance regulating massage establishments provides an exception from
the Police Permit requirement for hospitals, nursing homes, sanitaria, or
persons holding an unrevoked certificate to practice the healing arts under
the laws of the State of California, or persons working under the direction of
any such persons or in any such establishments. The Ordinance also does not
require a Police Permit for barbers or cosmetologists lawfully carrying out
their particular profession or business and holding a valid, unrevoked license
or certificate of registration issued by the State of California.
Although the Applicant may not be proposing a massage parlor in the
common sense of the term, allowing any type of massage establishment other
than those specifically exempt from the Police Permit process will result in
permitting a use which is not compatible with the business park character of
the Heritage Park Development, or with the character and quality of
surrounding uses (residential to the north and retail to the west).
Staff recommends that massage establishments not be permitted in this PD
District except in conjunction with a medical office or otherwise exempt from
the Police Permit procedure (Section 30 of City of Dublin Ordinance 2-87
regulating massage establishments and massage services, see attached).
The Applicant's proposal has been reviewed by other City agencies and
conditions of approval are included within the general provisions. In
particular the Building Department has noted that some construction on the
site has occured without obtaining building permits.
Zoning Investigation has also noted that the Applicant has attempted to
occupy the site prior to securing the needed zoning district change and
related permits including, but not limited to, building permits.
RECOMMENDATION:
FORMAT:
1)
2)
3)
4)
5)
Open public hearing and hear Staff presentation.
Take testimony from Applicant and the public.
Question Staff, Applicant and the public.
Take action regarding initiation of rezoning.
Continue public:hearing.
-3-
ACTION:
Staff recommends the Planning Commission take the following
actions:
1) Consider whether or not to a) direct Staff and the Applicant
to contact all other affected property owners to consider
initiating the rezoning by petition, or b) initiate the
rezoning by Planning Commission Resolution.
2) Continue the item in order for Staff to provide additional
required public notices.
ATTACHMENTS:
Exhibit A: Draft Resolution Initiating Rezoning
Exhibit B: Draft Resolution relating to Planned Development Rezoning
and General Provision
Background Attachments:
1. Location Map
2. Applicant's Written Statement/
Application
3. Site Plan Heritage Park
4. Site Plan Green Store
5. Floor Plans
6. Exhibit C General Provisions 1362nd
Z.U.
7. City of Dublin Resolution 17-82
relating to abandonment of portion of
Dublin Boulevard adjacent to Green
Store
8. Portion of Minutes from April 5, 1982,
City Council Meeting
9. Portion of Minutes from November 22,
1982, City Council Meeting
10. November 22, 1982, City Council Agenda
Statement with November 19, 1982,
Memorandum from Planning Director
11. City of Dublin Ordinance No. 2-87
~~.
-4-
RESOLUTION NO. 87-
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
INITIATING A PD, PLANNED DEVELOPMENT REZONING CONCERNING PA 87-127,
CREST ENTERPRISES, INC.jTHE NEW EWE PLANNED DEVELOPMENT (PD)
REZONING APPLICATION AND EXISTING PD, PLANNED DEVELOPMENT
1362ND ZONING UNIT
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, Crest Enterprises, Inc., Property Owner of APN 941-1500-4,
has submitted a petition to initiate rezoning of existing PD, Planned
Development 1362nd Zoning Unit; and
WHEREAS, the existing PD, Planned Development 1362nd Zoning Unit
affects two other properties (APN's 941-1550-3 and 941-1550-5) in addition to
APN 941-1550-4, a total of approximately 8.0~ acres; and
WHEREAS, the Zoning Ordinance provides that rezoning may be
initiated by resolution of the City Councilor the Planning Commission, or by
petition of all affected property owners; and
WHEREAS, all of the property owners affected by the existing PD,
Planned Development 1362nd Zoning Unit have not submitted a petition initiating
the rezoning;
NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission
finds that it would be reasonable to consider the rezoning of the three
properties from PD 1362nd Zoning Unit to PD l362nd Zoning Unit and
PD PA 87-127; and
BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission hereby
initiate said rezoning.
PASSED, APPROVED AND ADOPTED this 2nd day of November, 1987.
AYES:
NOES:
ABSENT:
Planning Commission Chairperson
ATTEST:
Planning Director
"
,',
EXlilBIT L
RESOLUTION NO. 87-
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
------------------------------------------------------------------------------
RECOMMENDING THE CITY COUNCIL ADOPT AN ORDINANCE AND ESTABLISH FINDINGS AND
GENERAL PROVISIONS FOR A PD, PLANNED DEVELOPMENT REZONING CONCERNING PA 87-127,
CREST ENTERPRISES, INC.jTHE NEW 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, the Planning Commission did hold a public hearing on
November 2, 1987; and
WHEREAS, proper notice of said public hearing was given in all
respects as required by law; and
WHEREAS, this application has been reviewed in accordance with the
provisions of the California Environmental Quality Act and the Planning
Commission recommended the City Council adopt a Negative Declaration of
Environmental Significance (Planning Commission 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
Planning Commission recommend 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, and
tanning and beauty salon uses; and
WHEREAS, the Planning Commission did hear and consider all said
reports, recommendations and testimony herein above set forth; and
WHEREAS, rezoning the property to a PD, Planned Development
District to expand the existing uses will be appropriate for the subject
property in terms of providing a range of permitted uses which will be
compatible to existing land uses in the immediate vicinity and which will
conform to the General Plan land use designation; and
WHEREAS, 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; and
WHEREAS, the rezoning will not overburden public services; and
NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission
does hereby recommend that the City Council adopt an Ordinance approving the
PD, Planned Development Rezoning request subject to the following general
provisions:
1. PA 87-127 PD, Planned Develoment District is established to 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 permitted uses
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 Distric~,except as modified through the General
Provisions for PA 87-127. .
-1-
E)(HIBIT t)
2. Specific uses permitted in the PA 87-127 PD, Planned Development District
are limited to the following uses:
a) Financial Institutions - Including banks and savings and loans
b) Restaurant
c) Medical Offices
d) Service Commercial - Limited to beayty salon, tanning salon, barber
shop
e) Health Club/Fitness Center
3. Massage 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 establishes and services (Ordinance
No. 2-87).
4. PA 87-127 PD, Planned Development shall be subject to all applicable
provisions of the l362nd Zoning Unit, Alameda County, Exhibit C, approved
September 19, 1978, by the Board of Supervisors (Ordinance No. 2-87).
5. 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.
6. 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.
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 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 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 2nd day of November, 1987.
AYES:
NOES:
ABSENT:
Planning Commission Chairperson
ATTEST:
".
I~
Planning Director
-2-
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11-127
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CITY OF DUBLIN
P.O. Box 2340
Dublin, CA 94568
Planning Departrrent
6500 Dublin Blvd. Suite D
Dublin' CA 94568
RECEIVED
S~fT 1 0 1Se7
(415) 829.4600
(415) 829-4916
Eff.: 1/84
PLANNING APPLICATION FORM DUBUN PLANNING
Notes to Applicant:
* Please discuss your proposal with Staff prior to carpleting the Planning Application
fom.
* All items related to your specific type of application must be carpleted.
* Since this is a canprehensive application form, sore of the items might not apply to
your specific application.
* Please print or type legibly. d
* Attach additional sheets if necessary. ,1td?,tJOO ~ ~c;( <t; z-
I. AUTHORIZATION OF PROPERTY OWNER
A. PROPERTY a-mER.: In signing this application, I, as property owner, have full legal
capacity to, and hereby do,authorize the filing of this application. I ,understand.
that conditions of approval are binding. I agree to be bound by those conditions,
subject only to the right to object at the hearings or during the appeal period.
Narre: (1 R~ST t:N Tf,rZ-P Q..ISIt5 ..Ll'\..C, Capacity: Property Owner .
l... I
Address: 13~))(' ~ ~ Daytime Phone: vftsr ~-3~- (;, 701,
( )
Signature: Date: 1- I / - 8' 7
B. APPLICANT THAN PROPERTY a-mER.: In signing this application, I, as applicant,
represent to have obtained authorization of the property owner to file this
application. I agree to be bound by conditions of approval I subject only to the right
to object at the hearings on the application. If this application has not been signed
by the property owner, I have attached separate docurrentation of full legal capacity
to file this application and agreement to conditions of approval, subject only to the
right to objec at the hearings or during the appeal period.
'N~:~':: Capacity: 'i)
Daytime Phone: (<t10 'if?'/ - t;(( / 'R
( )
~ nat,e: 9~/LI-g)
II. CERTIFICATION
I certify that I have the authorization of the property owner to file this application.
I further certify that the information and ~~ibits submitted are true and correct.
Capacity:
Daytime Phone:
Name:
Address:
Signature:
Date:
(OVER)
~f ",
A IT ACHMENT 2--
.1. ~..'~ .:.;,;:._.,::':2,~'~!L~:;:;:E~'~'::~~I:~,:,~',:~:.:;:~~E~~ #~~L~.~~:~~~:J;~;;::1:'-r.:'~";";~: .::~~j:U~~:~:;~;~ ;~:.?.ii~;~.',;i:J~i,!;f.~~~~.:~~:(..:'i~,.:_:Z.:~',-;:~~',~:-'~ ~ .:.~ ; ~ ..- :~.- -'.
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'III. GENERAL DATA REQUIRED
rA':'-~Address or Location of Property: JJ g,C).?
,
G
',:,..
))l18L( N
~Vj)
(),// " '(I
-
~sessor Parcel Number(s):
C. site area:
E. Existing Use of Property:
7'/1 1-) -j5 t1-t;-
D. Present ZOning:
pfJ
.
,II ......~ ') _ /.." 'I -;-
. ,
F. Zoning and Existing Use Of Surrounding Property:
Zone
Existing Uses
- North:
- South:
- East:
...-.
IV. TYPE OF APPLICATION
Check type of planning permit(s) being requested:
o Administrative Conditional Use Permit
o Boundary Adjustment
~~ion~~~
o General Plan Amendment
o Planned Developrrent
o Other:
/f'i)
l4"Rezoning
o Sign
o Site Development Revie~v
o Subdivision Map
o Variance
v. SUBMITTAL REQUIREMENTS
A. Planned Development: (See Planned Development Rezoning Submittal Requirements)
B. Subdivision Map: (See Subdivision Map Submittal Requirem:nts)
C. Any Other Planning Permit: (See General Submittal Requirements)
VI. PROCESSING
(See.. Planning Application Cover Letter)
VII. REFERENCE PHONE NUMBERS
Most questions related to the Planning Application should be directed to the Dublin
Planning Department, hOw"E!ver, some concerns might be addressed directly by another
appropriate department or agency:
1. City of Dublin:
Building Inspection: (415)
Engineering: (415)
Planning: (415)
Police: (415)
829-0822
829-4916
829-4916
829-0566
2. Dublin San Rarron Services District:
Fire: (415) 829-2333
Water, Sewer, Garbage: (415) 828-0515
3. Zone 7 - Alameda County FloOd Control: ( 415) 443-9300
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The New Ewe is a health - aerobic club with a supervised play room
which will be included for the convenience of the members with
children (with an occupancy of no more than 5 children).
Supervised programs will be offered. Personal programs of all
sorts such as skin care, hair care, and medical will also be given
to educate the members and keep their interest.
The cost of memberships will vary throughout the year, but we
will start from $89.00 for a six month membership to $189.00 for a
two year membership.
The main floor will consist of receptionist, playroom, office,
aerobics rO"Jm, loc~.er room, and an exercise training area.
A beauty salon will be provided for our members upstairs in the
New Ewe. The access will be through the reception area of the
main floor. Tanning will also be proveded upstairs. Appointments
for the salon, playroom, and taning will be made by the
receptionist.
The price for the beauty and tanning salon will be comparable to
prices here in Dublin, a 30Y- discount to our members in the
beauty salon, tanning salon, and day care will be offered.
The square footages are:
Locker room 603 sq. ft.
Hallway 26 sq. ft.
Aerobics 940 sq. ft.
Office 100 sq. ft.
PI ayr,::>om 100 sq. ft.
Receptionist and
exercise area 622 1/2 sq. ft.
Tanning area 240 sq. ft.
Salon 648 sq. ft.
The peak hours of parking use are Monday-Friday 7 A.M. - 8 A.M.
and 6 P.M. - 7 P.M.
The one Historical Green Store Building will have no change in
outside appearance and very little inside.
RECEIVED
~ t.t-> 1 ;) 1927
DUBLIN PLANN!NG
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5E:P 15 198i '
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PA No. "11 -.12 '2
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CITY OF DUBh-n4
DUBUN PLANNING -
'I
ENVIRONM2:NTAL ASSESSMENT
(Pursuant to Public Resources Code Section, 21 000 et sec.)
FORM, INTeRIM
The State CEQA (California Environmental Quality Act) Guidelines
require the City to take an active role in preparing environ-
mental documents. This comprehensive Environmental Assessment
Form is designed to assist the City in preparing a complete and
accurate environmental assessment in a timely manner and in
conformance with the State CEQA Guidelines. The form has three
sections: General Data, Exemption, and Initial Study. The
applicant is requested to complete Section 1, General Data. The
Planning Staff will prepare either Section 2, Exemption, or
Section 3, Initial Study. Please type or print legibly in ink.
SECTION 1. GENERAL DATA - - - to be completed by the APPLJ.CANT
"
1. Name (iF any) and address of project: 71IF AI E~/ ELJE
2. Proposed use of property:
Ret'rr-;:Jf"o 1'1
,4.
Name, address, and telepnone of Applicant: 71//= ,1/ FV F/Jr: '
'?'-J II ~'-' ~,~'" phr' F, 7/'7 ,');;'/-7 1~<71"vr 6-1 t3-'V-';5//fj
Nome, address, and telephone of con~act person 0 in addition to applicant or
D instead of applicant: ~-rhr) ~?~!/.c. c,Ofr1~ 0 c;
/' =#: // 7
f C'':-~'"''O''' 3 i/.
Attached plans are~minary orDFully developed.'
. 3.
5.
6. Building area: r::; J,,,,
sq. Ft.
7. Site area: ;J J. 0.3 C 0 sq. Ft. or 0 acres'. 8. Current zoning:
f'
9. Maximum Building Height,' .:)1 [aft.orlJJstories.
10. Describe ~mount of doily troFFic generated by number, type and time of day:
_ / /' ' L ./
7.5 . 1.1 Jr-.. IHt"/( 7rc''YY! << ?fIn -//) ,o/?7 t/~tl-t.
/ . / L.."
1 i. Number of off-street parking spaces provided:~
12. Number of loading focil ities provided: I
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, ... . .; 'H, ,<. . h.... ~....~..., i"'lS '." - ~ .. ';.-CJlj~.:rh:~.tU3'I!~~;rv(:;.:.-(t!t'::'~'t. .~J." ::
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. 13. Proposed development schedule: ,beginning:' Yl/~ completion:
14.a. If residenHal: numbe;: o~ new 'units~ number of existing units
, , bedrooms ; unit sizes ;range of 0 sale prices or Dren~s
dwelling Dsingle familyD duplexD multiple.
;number of neVI
; type of
14.b. If commercial:
sales area
,~, operation
'scope of proiectD neighborhood, 0 city, D regio~al
o sq. ft. orD acre; estimated employ~ent per shift
; ~ours of .
14:c. If industrial: materials involyed
hours of operation'
, ; estimated employment per shift
14.d. If institutional: maior function
estimated oc:upancy ,
; estimated employment per shift
;,l1ours of operation
15. Describe City permits reguired: d Site.' '[;le.vilofM~ ~Vl(.""; 0 VarltL'^c.e.,;
o Ael.W\iVlistrAn\Je. CoVlllifioMt Use. P.erMitj 0 t<ectossifiCo.:t\O\l\ Cre.ZOj\l~ ;
tB PICl\l\V\eJ. Ve.v~lop~evrtj D Co~\tioM1 USe. ftV'}l.\'rtj D SI~Y\ O'^ l!j;
o cr.f--he.,..
:: ..":
16. Describe other publ ic approva Is required: 0 unknown; 0 loce! agencies; D regional
agencies; 0 sfate agencies; 0 Federal agencies; for
CERTIFICATION
I he'reby certify that the information submitted is true and correct to the best of my knowledge
and belief. I understand that the findings of this Environmental Assessment apply only to the
proiect as described above.
'. Signatur~ /.
Name (print or type):
p/-/a-<'
0->1.1' 81-rPd;j"""C:
Date:
'1- /1"-r7
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DUBUN' PlANNING
EWE'S MASSAGE:THERAPIST
The Massage Therapist "is 'moving here from Florida next year.
She has a State of Florida,' Dept. of Professional Regulations,
Board of Massage license.
She fulfilled requirements by Chapter 480.
(License #MA 0001585)
'<,- l.
. .
L. She is a certified Meuromuscular Massage;TherapistfromThe
Institute of Natural-Healing."" .,.,', '
The New Ewe would like to be ,able to offer this 'service to
their members. Shew:tll have '"hourly :rates' of $25-$40 'and'
appointments will be made by our receptionist at her desk near
the main entrance. The hours 'will'.beno. more than the hours. of
The New Ewe.
inOVeido~
She went to Reese Institute of Massage
Florida.
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PAID
Berkeley, Ca.
P,erlllt No. 731
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EXHIBIT C ' ~~~', "'-'
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.> ,GENERAL PROVISIONS:.
'. ' q62ND ZONING UN,IT~,:~ ,
As ^~f.~e,d ~y the AJ~i~ ~o19"i1 P1.~~g ~~~~,isSion ,
AND ,71-/Ef B~ of '5V~"!17Iz$ ::.A;i'i...78" ,
1. Prior to issuance of a Building P~rmit, a precise Jands~pfngplan prePared by the
project Landscape Architect and based on the general }andscape proposals indicated
on Exhibit B, 'J362nd Zoning Unit, shall be approved by the Planning Director.
Said plan shall. include proposed plant materials and quantities, ~easures necessary
to protect existing trees from construction activities, ~n irr.igation system, a lighting
plan, and fencing details. The size and scale of landscaping in'the parking Jot area
shall be increased sufficiently to screen and soften ,the' appearance of pavement '
as viewed from the San Ramon Road over crossing. :;:;..:'~:' ',:,,;:, '
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Prior to application for a Building Permit, ~n E~cro~Chrrient Permit sha'll be secured
from the County Public Works Agency to cor;;tr~d~t<09ai'd P.C:C'-curbs;' gutters,
sidewalks'and driveways along the property's frontage on Dublin Boulevard and
" Donlon Way. Said improvementsshall be constructed prior ,to final inspection of
,the structures in the offiCe center, except as provided in Condition 18/:,; '.."
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Storm drainage facilities shall be' approved by the Alameda Count}i' Flood Control
and Water Conservation District prior to issuance of a Building Permit. ":",
All drainage slopes shall be at 0.396 minimum. ,"
. .. ...__. " ..... .' .0.. .
All easements for drainage facilities or'drainage releases located off site shall
be filed with the Building Official prior to issuance.of a Building Permit.
AJI parking spaces shall be delineated with white paint or equal.
A 4 inch high concrete curb (minimum) or equal shall separate all paved parking
and passageway areas from landscaped areas. Curbs may be deleted where sidewalk
adjoins parking and passageway, provided the sidewalk is at least 4 inches higher
than adjoining pavement, and at ramps for the handicapped. Curbs may be relocated
to act as wheel stops subject to approval of the Planning Director.
8. All utility distribution facilities to and within the development shall be placed
underground.
9. Utility meters shall be enclosed.
10. Adequate lighting shall be provided in all parking areas, driveways, and the unloading
area; type of lighting fixtures and location shall be approved by the Planning Director.
11. Number of signs, their locations, sizes and materials are limited to that depicted
on Exhibit B, 1362nd Zoning Unit.
12. The following uses are permitted in the office center site (Site C, as shown on
Exhibit B, 1362nd Zoning Unit): .
13.
Office(s} for the conduct of business, administrative or professional services, including
the following types of office occupants:
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.:;.' ,~'.;.:;~:_ ';:-, 'f;": ':,.'<':corii'nlerdallciaricomp~nI~s\~';<:;:~securities brokers ,;;::;;',;::':.D': ",' .. ,,' ,':::;" '- ". '
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'~ ~i:~ :';-~,Y-13. ..,;-.::; Only a 'bimk or' sclvings"imd loao"institution or..restaurant -will be ~permitied on "commercial
t::';;~~::!::;~J::;:1'.:~:~Fsites ,JA- and i3tas'-s-hown' on'ExhibIt B/1362n'd Zoning Unit.' - 1<?i'4::;S,;,'~::;::;":~i";':,,:':'.> Y.- ' .
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1'7~~,~~>j'I,~.~ :'r.:ft:I':t,e 'd~,v.e.l<?pes.,~_h~lL~~b~lt, !~r,J~JaI'!~mg C.omTl'!l~sl~':l. appro~aJ..~ey:eloPfl1:nt plans ./" '-.':, ,..'
~':~.:."~;~':";:~::::i:~"~::~,;.a~<:f ~e~~alls fo~...c~,~~.e.rC::la.!.~I!~~.^_~d B mcluding slte.d.eslgn,'J~n,dscapmg, parking ..
.- ~: '~:":,~':;:~ :,:':':(j.layo\-lt,'c:r~:hi}.~,C!u!:~......styl~,~~~t~ri~r .building materials~ 'exter~or ~c~lors, floor plans, -
''-;< ~';::\;' ~;;:_:fl1ight~ng an,d, signing.i:.Appr()valshall be. obtain~d, prior: to issu~ceofany Building"
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15. ."::Thetwo futu;:e',c~'rii,'me.rda{shes'~hail be developed in' accordance 'with the' building,
',:,and parking lotJayouts as'depicted on Exhibit B,' 13620d Zoning 'Unic-;Architectural
, , style of the structure,'on comTT1.~rCial site B shall be similar to the style of the office
, center. 'Architectural style of the Green Store and any addition thereto located
on commercial site A shall.be ~ .recommended by the architectural consultant
noted~'~'o~~,~~it:~on,~~mb.~r,:'.,,~.._.,l.,~,;;,;}"'" '. ""."::.~:~~:i-~:~~':;'i~'
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The Gr'een'Store shall be preserved and restored to the earliest known authentic
design of the structure. This provision, however, shall not preclude the developer
from adding to the southerly side of the Store to provide additional space, provided
that the architectural style of the addition remains the same as the .rest of the
building. Restoration and alteration shall conform as closely as possible to the
.requirements for entry on the National Register and to the Secretary of the Interior's
Standards for Historical Rehabilitation. The developer shall retain an architectural
consultant experienced in historical restoration to advise on such restoration and
additions. The consultant's evaluation of the restoration plans shall be presented
in writing to the Planning Commission at the time of submittal of development plans
noted in Condition number 14. At the same time, developer shall also submit a
plan for protection of the Green Store during periods of vacancy.
To enhance the appearance of Donlon Way, the Green Store, the Heritage Center,
and the project office center and to facilitate pedestrian movements along Donlon
Way, the project landscape architect, in consultation with the ar'chitectural
consultant retained under Condition number 16, shall prepare a '
streetscape design for Donlon Way which minimizes paving for vehicular access and
on-street parking and maximizes walkway and landscaped areas. Said plan shall
include recommendations for paving and landscape materials compatible with the
adjacent historic resources. Said plan ~.haU also locate the curb defining the easterly
boundary of the vehicular travel way as'>.pear to the large, old walnut trees as possible
without conflicting with the trees' root systems. This streetscape plan is to be
reviewed by the Planning Commission and Public Works Department prior to final
inspection and occupancy of any structures and recommendation made to the Board
of Supervisors concerning its adoption. ": . ". '
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Construction of landscaping;' curb, gutter and ~idewalk along the project's Donlon
Way frontage shall conform to the plan noted in Condition 17 as approved by the
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Prior to occupancy, the developer shall install a plaque indicating the location
of the former Murray/Green residence. The wording and location of the plaque
shall be submitted for approval by the Planning Director.
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20. If during construction, archaeological remains are encountered, construction
in the vicinity shall be halted, an archaeologist consulted, and the County Planning
Department notified. If in the opinion of the archaeologist the remains are significant,
measures, as may be required by the Planning Director, shall be taken to protect
them.
21. Parking may be reduced to accommodate increased landscape area, but not below 400
spaces.
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CITY COUNCIL
CITY OF DUBLIN, ALAMEDA COUNTY, CALIFORNIA
RESOLUTION NO. 17-82
VACATE UNNECESSARY PORTION OF DUBLIN BOULEVARD ADJACENT TO GREEN STORE, SUBJECT TO
CERTAIN CONDITIONS; EXECUTE QUITCLAIM DEED UPON FULFILLMENT OF CONDITIONS; RECORD RESOLUTION
WHEREAS, on March 1, 1982, this City Council did adopt Resolution No. 13-82, a
Notice of Hearing on the proposed vacating of a portion of Dublin Boulevard adjacent to
the "Green Store," at Donlon Way, which said portion of street is more particularly
designated and described as:
No. 34707
(Adjacent to Assessor's 941-1550-4)
All that certain real property situated in the City of Dublin, County of Alameda,
State of California, described as follows:
COMMENCING at a point on the southeasterly line of Dublin Boulevard, 100.00 feet in
width, distant thereon South 690 06' 30" West (the bearing of the southeasterly line of
Dublin Boulevard being taken as South 690 06' 30" West for the purpose of making this
description), 34.43 feet from the intersection thereof with the northeasterly line of
Parcel 4, as said parcel is delineated and so designated on that certain map entitled
"Parcel Map No. 2834" etc., filed May 23,1979, in Book 111 of Maps at page 9 thereof,
Records of Alameda County, California, and running thence along said southeasterly line
of Dublin Boulevard, South 690 06' 30" West, 87.00 feet; thence along the right of way
line of said Dublin Boulevard and Donlon Way, southwesterly, southerly, and southeasterly
on the arc of a curve to the left, tangent to last said course, the radius of which
curve is 50.00 feet, through a central angle of 940 01' 43", a distance on said arc of
82.06 feet to a point of tangency on the northeasterly line of the aforesaid Donlon Way,
66.00 feet in width; thence along the direct production northwesterly of the aforesaid
northeasterly 1 i ne of Donlon Way, North 240 55' 13" West, 30.11 feet; thence
northwesterly, northerly and northeasterly on the arc of a curve to the right, tangent
to last said course, the radius of which curve is 24.00 feet, through a central angle of
690 14' 25", a distance on said arc of 29.00 feet to a point of compound curve, tangent
at last said point to a course which bears North 440 19' 12" East; thence northeasterly
on the arc of a curve to the right, tangent to last said course, the radius of which
curve is 76.00 feet, through a central angle of 240 47' 18"i a distance on said arc of
32.88 feet; thence tangent to last said curve, North 690 06' 30" East, 68.25 feet;
thence northeasterly and easterly on the arc of a curve to the right, tangent to last
said course, the radius of which curve is 146.00 feet, through a central angle of
90 51 I 34", a distance on said arc of 25.12 feet to a point of tangency on a line drawn
North 780 58' 04" East; thence South 200 53' 30" East, 4.84 feet to the point of
commencement.
AND WHEREAS, said Notice of Hearing has been published in the Valley Times and posted
as required by law; and
WHEREAS, on the day and at the time and place heretofore fixed for said Hearing, said
matter has come on to be heard and this City Council has heard and considered all of the
evidence presented therein;
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I,A.,
A TT ACHMENT1
!.
Resolution No. 17-82
Page 2
NOW, THEREFORE, BE IT RESOLVED, under the authority of Section 8324(b) of
the Streets and Highways Code of the State of California, that this City Council
does and it hereby finds and determines that the hereinabove described portion of
street is unnecessary for present or prospective public use; and
BE IT FURTHER RESOLVED, that the hereinabove described portion of street be;
and the same is hereby vacated, subject, however, to the following conditions to
be fulfilled by the adjacent owner, Crest Enterprises, Inc., at no cost to City of
Dublin or County of Alameda, said conditions being:
(1) The removal of Portland cement concrete curbs, gutters and sidewalk
within the vacated area.
(2) The installation of Portland cement concrete curbs, gutters and sidewalk
within the remaining street right-of-way, all as shown on Alameda County
Public Works Agency, Road Department Drawing No. A-3396-10, on file in
the office of the City Manager.
(3) The salvage and stock-piling of the pedestrian guardrail and appurtenances
for pick-up by the County of Alameda.
(4) Provide a time schedule covering the removal, and reconstruction of the
concrete improvements.
(5) Obtain an Encroachment Permit from the Road Department of Alameda County
Public Works Agency for all work within the existing right-of-way of
Dublin Boulevard. The County will notify the City Council when all
work has been satisfactorily completed.
AND BE IT FURTHER RESOLVED, that upon satisfactory fulfillment of all of the
above conditions, a Quitclaim Deed from the City of Dublin (GRANTOR) to the adjacent
property owner, Crest Enterprises, Inc., (GRANTEE) shall be executed, whereby all
of GRANTOR's right, title and interest in and to the hereinabove described real
property shall be quitclaimed and released to GRANTEE; and
BE IT FURTHER RESOLVED, that the City Clerk shall cause a certified copy of this
resolution to be recorded at the office of the Alameda County Recorder, immediately
prior to the recordation of the Quitclaim Deed hereinbefore authorized, and upon such
recordation of this resolution the vacation of the hereinabove described portion of
street is complete, and from and after the date of such recordation said vacated portion
of street no longer constitutes a public street.
BY ORDER OF THE CITY COUNCIL OF THE CITY OF DUBLIN, Alameda County, California
thi s 5th day of April , 1982.
ATTEST:
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March 24" 1982
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Mayor Pete Snyder and Council Members
Ci ty or Dublin
6500 Dublin Boulevard, Suite 212
Dublin" California 94566
Dear Mayor Snyder and Council Members:
The Dublin Historical Preservation Association supports
the concept of preserving the Green store as presented to the
Dublin City Council at the February 23" 1982 meeting and that
it is to be restored with the side walk encroaching on the
bike path.
The Green Store represents a very significant historical
building in our connnunity and we want it preserved to the
original state, as shown in the 1906 photograph.
TF/dh
Yours truly"
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Tom FaHey
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Since Dublin is now a City the problem is passed on to us. The City
can proceed as the County would have if it so wishes, since the ordi-
nance violated is now a City ordinance. The last abatement order was
to have been carried out by approximately last July.
The City Attorney indicates that the Ci~ may wish to await the formation
of a City Planning Commission and/or Director, and determine at that time
what action is to be taken. Or a civil action may be initiated by the
City which, if successful, would require Mr. Nichandros to abate the
buildings, with the costs possibly ordered paid by Mr. Nichandros. It;
was also explained that there is the matter of construction of a front-
age road which was, at one time, proposed. This would have been very
close to the front of the store, which was not approved by Mr. Nichandros.
However, the County also did not install the road; also the Calaveras
Fault was found to be located in the parking lot in front; building
permi ts woul d now requi re further setbacks. '
It was indicated that Mr. Nichandros had tried to obtain permits, how-
ever, the County continued to insist that the right-of-way in front be
dedicated to the County resulting in the loss of parking lot area. He
is interested in working out the problem so that his business can
continue. A problem also is where the road is to"be installed, if any
road is ever installed. Mr. Nichandros asked a postponement until such
time as a decision can be made regarding the whole issue of street,
extension of any road.
It was decided to wait the return of Mr. Taugher, County Building
Official for a further explanation of the building requirements.
Discussion was also held re a possible violation of safety measures
in the building which will be discussed also at the later time.
CONSENT ITEMS
,
On motion of Cm. Jefferey, seconded by Cm. Moffatt, and by unanimous
vote the following items were approved. Extension of contract with
George Gaekle to April 30; set the mileage rate for use of private
cars on City business at 21~ per mile; approve pr.oclamation for
Professional Secretari~s International as April 18-24.
PUBLIC HEARING - Abandonment
of portion Dublin Blvd.
G.. Nichandros
A resolution of Intention to Vacate a portion of the right of way
at Dublin Blvd. and Donlon Way was passed some time ago, setting the
time for hearing of said proposal to be April 5. Mr. Ray Burnham,
County Road Department explained the reasons for the proposed action
which were part of the requirement of the Historical Society for the
restoration of the property known as the Green Store and installation
of a porch to comply with the restoration. An agreement had been
worked out with Mr. Nichandros for removal of the present curbs,
gutters and sidewalk, installation of curbs, gutters and sidewalk
within the remaining street right-of-way, salvage of the guardrail
and appurtenances for pick-up by the County.
CM-1-56
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. AllACHMENT 8
A resolution has been prepared which outlines these provlslons as well
as the provision of a Quitclaim Deed upon completion of all requirements.
It was decided to list, in the encroachment permit, the requirements re
safety measures during construction of the porch, and to also list a time
schedule for the work.
The hearing was then opened, with Mr. G. Nichandros stating that as soon
as the permit is issued the construction will be started and proceed with
all speed.
No other persons were heard from, and on motion of Cm. Burton, seconded
by Cm. Jeffery, and by unanimous vote the following resolution was adopted:
RESOLUTION NO. 17-82
VACATE UNNECESSARY PORTION OF DUBLIN BOULEVARD
ADJACENT TO GREEN STORE, SUBJECT TO CERTAIN
CONDITIONS: EXECUTE QUITCLAIM DEED UPON FUL-
FILMENT OF CONDITIONS: RECORD RESOLUTION.
APPOINT CITY MANAGER
(Richard C. Ambrose)
The Mayor read the resolution of appointment and introduced Mr. Ambrose to
the City Council and those present. Mr: Ambrose responded by expressing
his pleasure to be in Dublin and is looking forward to working with the
City Council and citizens of Dublin.
RESOLUTION NO. 16-82
RESOLUTION OF APPOINTMENT - CITY MANAGER
WALKWAY - 1-580
CALTRANS
It is proposed by CALTRANS, with the participation of the City of Pleasanton,
to construct a five foot wide sidewalk on the easterly side of San Ramon
Road/Foothill Road, between Canyon Way and Dublin Blvd. The work will be
within the State righ~-of-way and serve the increasing pedestrian travel
through the interchange to Stoneridge Shopping Center. No expense will
accrue to the City of Dublin.
Mr. Clarence Yee of CALTRANS was present to explain the project and to
answer any question. Cm. Burton questioned the pedestrian crossing of high
speed off-ramps, and Mr. Yee explained that it has been found safest to cross
at a 900 angle rather than in the median strip. Also suggested was a fenced
median for pedestrian travel, however this was not felt to be feasible by
CM-1-57
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PLANNING REVIEW BACKLOG
STATUS REPORT
At its meeting of October 11, 1982, the City Council authorized Staff to
secure the part time services of a Planning Consultant for 4 to 6 weeks to
assist in clearing the planning application_backlog. The City Council
directed Staff to return with a progress report on the planning services
backlog after the Planning Consultant had completed four (4) weeks of work.
The progress report was presented to the Council.
After discussion, it was determined that the City Manager will review and
keep very close eye on situation for the remainder of the agreed upon time
frame and will report back to the City Council at its meeting on December 13,
1982, with a recommendation.
* * * *
ENGINEERING SERVICES
STATUS REPORT
On November 15, 1982 the City received eleven responses to its Request for
Proposal for Engineering Services. Staff is presently reviewing those
proposals and plans to recommend a group of finalists for the City Council
to review. It is Staff's reco~~endation that the interviews be conducted
at a special meeting in order to give the Council adequate time to review the
qualifications of each firm. It is recommended that the City Council con-
sider holding such a meeting on Tuesday, December 7, 1982.
On motion by Cm. Burton, seconded by Cm. Hegarty, and by unanimous vote (Cm.
Jeffery absent), the Council will hold the special meeting as recommended for
purposes of interviewing firms to provide the City with engineering services.
* * * *
GREEN STORE MODIFICATIONS
The Green Store at 11878 Dublin Boulevard is one of the oldest buildings in
the City. Past reviews and approvals concerning the site and structure have
emphasized its historical significance. Reconstruction, additions and modi-
fications have recently been made to the structure and site. Based on plans
submitted to the City on November 1, 1982, and review of past approvals,
Staff found that many modifications were being made without or contrary to
the required planning approval and building permit. Work on the project has
been stopped because the zoning ordinance requires either: 1) that the project
conforms to the existing conditions of approval; or 2) the existing conditions
of approval are modified. Specific issues are 3: South Elevation, Parking and
Landscaping.
History, of the site was discussed. The Planning Director pointed out that
many physical changes have been made to the Green Store's site plan, land-
scaping, land use intensity, and architecture. These changes have not been
made with the approval of the Building Department or Planning Department.
They are inconsistent with the approvals previously granted by the Alameda
County Board of Supervisors. Some changes are also inconsistent with Zoning
Ordinance regulations, e.g. amount, size and configuration of parking stalls.
Following lengthy discussion, on motion by Cm. Burton, seconded by Cm.
Hegarty and by unanimous vote (Cm. Jeffery absent), the following was agreed
upon: 1) The stop work order is vacated, 2) As-builts are approved as
changed, except that 4 parking spaces in southerly parking lot be removed
CM-1-162
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A TTACHMENl 9
and a drive thru substituted, 3) Occupancy conditional upon compliance with
general provisions contained in Exhibit C, and 4) Upon proof of parking
capacity and access pursuant to P.U.D. which will satisfy parking and access
requirements of as-built plans. In the event that Green Store does not have
the capacity for as-built parking requirements, occupancy shall be determined
pursuant to the usual Dublin procedures.
Mr. Gus Nichandros, representing the Green Store project felt the direction
of Council was quite clear.
* * * *
PLANNING COMMISSION REQUEST
ENFORCE SIGN ORDINANCE
SANDWICH AND A-FRAME SIGNS
At its meeting of November 1, 1982, the Planning Commission requested Staff
to prepare a letter regarding illegal sandwich or A-frame signs. The
letter was to be distributed to store owners or operators by the zoning
investigator as she came upon such illegal signs. The reason for the letter
was the perceived increase in the number and visibility of illegal sandwich
board signs especially along Village Parkway and Dublin Boulevard. The
letter requests voluntary removal of the illegal signs. If necessary, formal
zoning enforcement actions would begin five days after the zoning investi-
gator delivered the letter. Because the City Council agreed not to take
action against an existing sign until the City reviewed and revised its
present sign ordinance, Council direction was requested.
_ Following discussion, the Council asked that the City Attorney prepare a
'modification to the present sign ordinance which would preclude the use and
installation of A-frame and sandwich board signs. The introduction of this
ordinance would be agendized at the next City Council meeting on December
13, 1982.
* * * *
ARCO GRANT
During September, 1982, Staff was notified by Dr. Eugene Fox of the Atlantic
Richfield Company, that ARCO was interested in contributing funds for pur-
poses which would enhance the fine arts in the community. Dr. Fox indicated
that up to $15,000 could be made available by ARCO. Since that time, the
following groups have submitted proposals for consideration:
GROUP PURPOSE AMOUNT
Hope Hospice Inc.
Risers
Theatre Lighting Equipment
Restoration/Amador High School
Theatre -- up to --
Director's salary, rental of
ities, printing of programs
publicity literature
Assitance for terminally ill
$ 1,900.00
3,050.00
Shamrock Valley Chorus
Children's Theatre Workshop
Pleasanton Community Band
35,000.00
facil-
& No Amount
Specified
No Amt Specified
Valley Choral Society
Staff has discussed briefly the nature of the proposals with Mr. Fox who
indicated that all proposals could possibly be funded to a certain extent.
Mr. Fox did indicate that he would like a letter from the City Council
endorsing those proposals which it felt were deserving.
CM-1-163
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AGENDA STATEMENT
Meeting Date: November 22, 1982
SUBJECT
Green Store Modifications
EXHIBITS ATTACHED
Memorandum from Planning Director dated November 18,
1982, with attachment of December 14, 1978, approval,
September 19, 1978, approval, and November 20, 1978,
staff Report
RECOMMENDATION
Consider
FINANCIAL STATEMENT:
None
DESCRIPTION The Green Store at 11878 Dublin Blvd. is'one of the
oldest buildings in the City. Past reviews and approvals concerning the
site and structure have emphasized its historical significance. Recon-
struction, additions and modifications have recently been made to the
structure and site. Based on plans submitted to the City on November 1,
1982, and review of past approvals, Staff found that many modifications
were being made without or contrary to the required planning approval
and bui,lding permit. Work on the project has been s:opped because the
zoning ordinance requires either: 1) that the project conforms to the
existing conditions of approval; or 2) the existing conditions of
approval are modified.
Because historical significance is a subjective matter, it is appropriate
for the City Council to review the proposed modifications and give Staff
direction on how to proceed. The specific issues and alternatives
related to the modifications are as follows:
ISSUE
ALTERNATIVES
1. SOUTH ELEVATION: The south
elevation is different from the
approved plans. As a condition of
approval, an architectural firm
experienced in historical restor-
ation reviewed and made recom-
mendations on the plans. The
architectural firm's recommen-
dations were made part of the
approval.
1. - A. Require that the modified
south elevation be reviewed by an
architectural firm experienced in
historical restoration and require
the modified south elevation to be
consistent with the architectural
firm's recommendations.
1. - B. Approve the modified south
elevation subject to plans being
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COPIES TO:
ITEM NO.
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2. PARKING: The parking lot
design is different from the approved
plans and does not meet parking
standards. Based on the November 15,
1982, plans, the parking requirement
for the project is 72 to 74 parking
spaces, depending on final countable
floor area.
The (12/14/78) Planned Development
was approved with the Green Store
required to provide 22 parking
spaces meeting standards. This was
apparently based on 16 parking spaces
for a restaurant of 950f square feet
countable floor area, and 6 parking
spaces for a bank of 1630f square
feet countable floor area. The
(2/18/82) building permit plans
were approved with 20 parking spaces
meeting standards, although a review
of plans shows the parking require-
ment should have been 58 to 61
spaces, depending on final countable
floor area. This is a result of
a substantial increase in restau-
rant floor area. There is no
record of planning approval of
2/18/82 plans.
The 11/15/82 proposed plans show an
additional 759 square foot increase
in countable floor area over the
2/18/82 approved plans. This increase
in countable floor area would
require 13 additional parking spaces,
for a total of 72 to 74 parking
spaces. The proposed parking lot
design does not meet parking stan-
dards in terms of stall size, back-
up aisle width, and turn around.
3. LANDSCAPING: The approved
plans have not been followed.
The 12/14/78 Planned Development
was approved with a condition that
a precise landscaping plan be pre-
pared by the project's landscape
Architect. The approved plan
~~
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submitted for construction code
compliance.
1. - C. Require the south elevation
to be consistent with the original
approval.
2. - A. Require that the parking
lot be redesigned to meet parking
dimension standards and require the
applicant to provide, to the satis-
faction of the City Attorney, a
contract for the joint use of parking
spaces in the adjoining Heritage Park
development for the life of the
buildings or uses concerned, so that,
the required number of parking spaces
is satisfied.
2. - B. Require that the parking
lot meet parking dimension standards
and the parking lot design be in
substantial compliance with the
approved 2/18/82 building permit
plans'and require the patio and
building to be constructed as shown
on the approved 2/18/82 building permit
plans.
2. - C. Require that the parking
lot meet parking dimension standards
and the parking lot design be in
substantial compliance with the
approved 2/18/82 building permit
plans and restrict the uses to that
approved in the 12/14/78 Planned
Development.
3. - A. Require a precise landscaping
plan be prepared by a landscape
Architect to the satisfaction of the
Planning Director and require restor-
ation of the 2000 square feet of
landscaping reduced by construction
,
and require the old style rail fence
included measures to protect exis-
ting trees. The 2/18/82 building
permit plans were in substantial
compliance with the approved land-
scaping plan. The 11/15/82 proposed
plan and construction on site has:
removed three (3) mature trees,
which were to 'be saved; reduced the
landscaping by 2000 square feet;
failed to provide required tree
preservation measures; and replaced
an old style rail fence with a con-
crete block wall.
4. COMPLIANCE WITH STANDARDS
AND CONDITIONS: The
Planned Development included a number
of additional standards and
conditions which have not yet been
complied with. Those additional
standards and conditions are cir-
cled on the attached list.
,
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instead of the concrete block wall.
3. - B. Require a precise landscaping
plan, prepared by a landscape
Architect to the satisfaction of the
Planning Director and require
intensification of landscaping to
compensate for the value of land-
scaping lost due to revisions to
the parking lot design.
4. - A. Require the applicant to
meet all applicable standards and con-
ditions of the Planned Development
except as modified by the City Council.
4. - B. Review and modify the condi-
tions of approval.
I'.'. ~ ;
THE CITY OF DUBLIN
P,O, Box 2340
Dublin. CA 94566
(415) 829-3543
MEMORANDUM
November 19, 1982
TO:
Dublin City Council
FRON:
Director of Planning
SUBJECT:
Green Store Modifications
BACKGROUND: The Green Store on the south east corner of Donlon Way and
Dublin Blvd. was permitted to be expanded in size as part of Alameda
County Zoning Unit 1362 (Adopted by the Board of Supervisors 9/19/78).
zoning Unit 1362 approves a Planned Development for office and limited
retail uses. It was approved subject to a specific site plan.
Architectural requirements which were intended to protect the historic
features of the Green Store were also established. The architectural
drawings and site plan were approved in 1978.
Building Permits were issued for the Green Store renovation and expansion
on February 18, 1982. Subsequent to that time, a significant amount
of work has taken place.
On November 1, 1982, the applicant, at the request of the City's Building
Inspector, submitted a revised site plan which was to be consistent
with the site work that was already being constructed. A field
investigation and record search showed that the current construction
was not consistent with either the approved development plans or the
approved building plans. Questions were also raised as to if the constru-
ction and revisions to the site plan and land uses were consistent with
zoning requirements.
On November 15th another revised site plan was submitted to the Planning
Department. It is substantially accurate in terms of showing the site
plan as it is now being constructed.
Because of the numerous changes and lack of Building and Planning
Department approvals for the changes the Green Store construction has
been stopped.
SU~U1ARY OF ~ffiJOR CONSTRUCTION AND USE CHANGES: The applicant,
Nichandros Development, has been requested to provide precise plans
which show what are the existing conditions and intended uses. With
available information we have assembled, the following list of changes
that have been made without City approval, and do not appear to
comply with the conditions of approval as established by the Board of
Supervisors on 9/19/78 and 12/14/78. Once the revised information is
submitted, a detailed check and analysis will be done.
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Green Store Modifications
Page Two
1. The south elevation of the building is not the same as initially
shown along with the Staff Report dated November 20, 1978, or as approved
by the Buildi~g Inspection Department (BID) February 18, 1982.
2. The size and configuration of the parking lot has been changed to
a considerable degree. Parking stalls do not conform to the minimum
size requirements of the Zoning Ordinance. Back-up and aisle width is
also non-conforming. The circular circulation pattern has been made
into two dead-end aisles without turn-around area.
3. Additional parking spaces have been added which eliminiates almost
2,000 square feet of landscaping.
4. Three established trees, which were shown on Exhibit A, approved
by the Board of Supervisors on 12/14/78 to be saved and most recently
on the Site Plan received November 1, 1982, have been removed. And
tree preservation techniques have not been installed for the remaining
trees.
5. An outdoor eating area, which was shown as being on-grade, has been
expanded in size and is now approximately 3 feet below grade. The
approved number of parking spaces does not appear to be enough to meet
additional parking requirements which come in to play because of the
addition of the outdoor eating area.
The landscaping that was shown on the BID approved plans has been
revised and it is unlikely that the same landscape transition between
the parking lot and the building can take place.
6. A 4' high concrete block wall has been constructed in the westerly
landscape area. It is presumed that dirt will be piled up against it
to create a berm to screen the parking lot from view from Donlon.
This area was previously shown to be an open landscaped area with a
rail fence to match that used throughout the remainder of the project.
7. No revised drainage plan has been submitted. A recent storm caused
3" to 6" of water to collect over several of the easterly concrete paved
parking spaces. This condition will need to be corrected if these
added, and as yet unapproved, spaces are permitted to remain.
A review of the County Conditions of Approval also shows that:
1. A revised landscape plan and irrigation plan which mesh with the
revised site plan need to be submitted to the City for review and
approval.
2. Concrete curbing around all paved parking and landscaped areas
will need to be installed.
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Green Store Modifications
Page Three
3. Plans for exterior lighting, signing and screening of utility meters
still need to be submitted to the City for review and approval. The work
to date is also in conflict with Condition #17, which says that the
site design, landscaping, parking layout, architectural style, exterior
building materials, exterior colors, floor plans, lighting and signing
shall be approved by the Planning Commission prior to issuance of any
Building Permit. The changes have not received such an approval.
There are several lessor conditions which still need to be met.
Copies of the specific conditions of approval by the Board of
Supervisors on December 14, 1978, and September 19, 1978, are attached.
Also attached is the Staff Analysis dated November 20, 1978, with
elevations.
SUMMARY: Many physical changes have been made to the Green Store's site
plan, landscaping , land use intensity, and architecture. These changes
have not been made with the approval of the Building Department or
Planning Department. They are inconsistent with the approvals
previously granted by the Alameda County Board of Supervisors. Some
changes are also inconsistent with Zoning Ordinance regulations e.g.
amount, size, and configuration of parking stalls.
Attachments:
Exhibit A - Conditions of Approval by Board of
Supervisors 12/14/78
Exhibit B - Conditions of Approval by Board of
Supervisors 9/19/78
Exhibit C - Staff Analysis 11/20/78
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ORDINANCE
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AN ORDINANCE OF THE CITY OF DUBLIN REGULATING
MASSAGE ESTABLISHMENTS AND MASSAGE SERVICES
The City Council of the City of Dublin does ordain as follows:
Section 1: ,DEFINITIONS. Unless the provision or context
otherwise requires, the definitions contained herein shall govern
the construction of this ordinance. '., ".,
, (a) APPLICANT . "Applicant" shall mean any person who
applies for a permit as "required by.this ordinance.
(b) BONA FIDE NONPROFIT CLUB.'''Bonafide,nonprofit club"
'. shall mean any fraternal,' charitable;'-'religious,
benevolent or any other nonprofit organizatin having a
regular membership association primarily for mutual
social, mental, political and civic welfare, to which
admission is limited to the members and guests and
revenue accruing therefrom is to be used exclusively for
the benevolent purposes of said organization and which
organization or agency is exempt from taxation under the
Internal Revenue Laws of the United States as a bona
fide fraternal, charitable, religious, benevolent or
nonprofit organization. . .
-' " .'
(c) EMPLOYEE. "Employee" shall mean any person, other than
the masseurs or masseuses, who renders any service to
the permittee, who receives compensation directly from
thepermittee, and who has no physical contact with the
customers and clients.
(d) HEALTH OFFICER. "Health officer" shall mean the Health
Officer of the County of Alameda or his authorized
representative.
(e) MASSAGE. "Massage" shall mean any method of pressure
on or friction against, or stroking, kneading, rubbing,
tapping, pounding, vibrating, or stimulating of the
external parts of the body with the hands or with the
aid of any mechanical or electrical apparatus or
appliance, with or without such supplementary aids as
rubbing alcohol, liniment, antiseptic, oil, powder,
cream, lotion, ointment or other similar preparation
commonly used in this practice.
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(f) MASSAGE ESTABLISHMENT. "Massage establishment" shall
mean any establishment having a fixed place of business
where any person engages in or carries on or permits to
be engaged in or carried on any of the activities
described in'sub-section (e). Any establishment engaged
in or carrying on, or permitting any combination of
massage and bath house shall be deemed a massage
establislunent.
(g) MASSEUR OR MASSEUSE. "Masseur" or "Masseuse" shall
means any person who, for any consideration whatsoever,
engages in the practice of massage as herein defined.
(h) OUT CALL MASSAGE SERVICE. "Out call massage service"
shall mean engaging in or carrying on the practice of
massage, not at a fixed ~ocation licensed as a massage
establislunent, but at a location designated by the
permittee, masseur or masseuse, customer or client.
(i) PERMITTEE. "Permittee" shall mean any person operating
or maintaining a massage establishment.
(j) PERSON. "Person" ,shall mean any individual,
copartnership, firm, association, joint stock company,
corporation or combination of individuals of whatever
form or character.
(k) RECOGNIZED SCHOOL. "Recognized school" shall mean any
school or institution of 'learning which has for its
purpose the teaching of the theory, method, profession,
or work of massage, which school requires a resident
course of study not less than one hundred (100) hours,
at least seventy-five (75) hours of which shall be
classroom instruction, to be given before the student
shall be furnished with a diploma or certificate of
graduation from such school or institution of learning
following the successful completion of such course of
study or learning, and which school has been approved
pursuant to Section 29007.5 of the Education Code of the
State of California.
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Section 2: PERMIT REQUIRED FOR MASSAGE ESTABLISHMENT. No person
shall engage in, conduct or carryon, or permit to be engaged in,
conducted or carried on, in or upon any premises in the City of
Dublin, the operation of a massage establishment without first
having obtained a permit therefor from the Chief of Police in
accordance with the provisions of this ordinance.
A bona fide non-profit club shall not be required to obtain a
permit but must conform to all applicable building, health, fire
and zoning laws.
A separate permit must be obtained for each branch location in
which the operation of a massage establishment is to be carried
on.
Section 3: DISPLAY OF PERMIT: MASSAGE ESTABLISHMENT. Every
massage establishment permit issued pursuant to the provisions of
this Chapter shall at all times be displayed in a conspicuous
place within the massage establishment.
Section 4: MASSEUR OR MASSEUSE PERMIT REQUIRED. No person
shall, in or upon any premises in the City of DUblin, act in the
capacity of masseur or masseuse without first having obtained a
permit therefor from the Chief of Police in accordance with the
provisions of this ordinance.
Section 5: IDENTIFICATION NAMEPLATE. Every person acting in the
capacity of masseur or masseuse shall, at all times when so
engaged, wear on the front of his or her outermost garment an
identification nameplate containing his or her photograph, name
and permit number.
Section 6: NON-TRANSFERABILITY. No permit issued pursuant to
the provisions of this ordinance is transferable to any other
person or location.
Section 7: APPLICATION: MASSAGE ESTABLISHMENT PERMIT. An
application for a massage establishment permit shall be submitted
to the Chief of Police on forms provided by him. Such forms shall
require submission of the following information:
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(a) The exact nature of the massage to be administered, the
proposed place of business and facilities therefor, and
the name and address of the applicant.
(b) The two (2) previous addresses immediately prior to the
present address of the applicant.
(c) Written proof that the applicant is at least eighteen
(18) years of age.
(d) Applicant's height, weight, color of eyes and hair.
(e) Two (2) portrait photographs of the applicant at least
2" x 2".
(f) Business, occupation, or employment of the applicant for
the three (3) years immediately preceding the date of
application.
(g) The massage or similar business license history of the
applicant; whether such person, in previously operating
in this or another city, county or state under license,
has had such license revoked or suspended, the reason
therefor, and the business activity or occupation
subsequent to such action of suspension or revocation.
(h) All criminal convictions except minor traffic
violations.
(i) Fingerprints of the applicant.
(j) The Social Security number and driver's license number
of the applicant.
(k) Such other identification and information as deemed
necessary by the Chief of Police.
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Section 8: CORPORATE APPLICANT. If the applicant is a
corporation, the name of the corporation exactly as shown in its
articles of incorporation and the address of the principal office
of the corporation shall be set forth in the application. In
addition thereto, the information required by Section 7 shall be
submitted for each of the officers, directors, stockholders and
managing employees of the corporation.
Section 9: PARTNERSHIP APPLICANT. If the applicant is a
partnership or any other form of unincorporated association, the
name of the partnership or association exactly as shown in its
partnership agreement or other document creating the association
and the address of the principal office of the partnership or
association shall be set forth in the application. In addition
thereto, the information required by Section 7 shall be submitted
for each of the partners, including limited partners, members and
managing employees of the partnership or association. If any
partner, member or manager is a corporation, the provisions of
Section 8 shall be applicable to such corporation.
Section 10: VERIFICATION OF APPLICATIONS. All applicants shall
sign a declaration under penalty of perjury that the information
contained in or submitted with the application is true.
Section 11: ISSUANCE OR DENIAL OF PERMIT. The Chief of Police
shall, within thirty (30) days after receipt of an application
complying with all the provisions of this ordinance, issue a
permit or deliver to the applicant, personally or by mail, written
notice of denial of the permit, setting forth the reason or
reasons therefor, in accordance with the provisions of Section
12.
Section 12: GROUNDS FOR DENIAL OF PERMIT. The Chief of Police
shall deny the permit if he finds:
(a) That any information contained in or submitted with the
application is not true; or
(b) That the operation as proposed by the applicant would
not comply with any provision of this Chapter or any
other ordinance or regulation of the City of Dublin or
any statute or regulation of the State of California; or
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(c) That any person referred to in Sections 7, 8 or 9
or any other person who would be directly engaged in the
management and operation of the massage establishment
has been convicted of any of the following offenses or
convicted of an offense without the State of California
that would have constituted any of the following
offenses if committed within the State of California.
(1) An offense involving conduct which requires
registration pursuant to Section 290 of the Penal
Code;
(2) An offense involving the use of force and violence
upon the person of another that amounts to a
felony;
(3) An offense involving sexual misconduct with
children;
(4) An offense as defined in Sections 315, 316, 318,
647(b) or 647b of the Penal Code of the State of
California; or
(d) That, for any other reason, the operation as proposed
would be detrimental to the public peace, health,
safety, morals or welfare or to neighboring property.
Section 13: REVOCATION OF PERMIT. The Chief of Police shall
revoke a permit issued pursuant to the provisions of this
ordinance if:
(a) He subsequently determines that facts exist which, under
the provisions of Section 12, would have required denial
of the permit at the time of application; or
(b) Subsequent occurrences create a situation which, under
the provisions of Section 12, would have required denial
of the permit had the situation existed at the time of
application; or
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(c) A masseur or masseuse permit previously issued to any
employee of, or other person engaged in, the operation
is revoked pursuant to the provisions of Section 19 of
this ordinance, for any act known to, and consented to
by, any of the persons described in Section 7, 8 or 9.
Consent to such act shall be conclusively presumed if
the person having committed such act is permitted to
continue to be employed or engaged in the operation
subsequent to the time that knowledge of the occurrence
of such act is acquired by any of the persons described
in Sections 7, 8 or 9.
Notice of revocation of the permit shall be given in writing to
the permittee by the Chief of Police. The permittee shall cease
all operations under the permit within ninty-six (96) hours of
delivery of said notice, unless a notice of appeal is filed
pursuant to the provisions of Section 14.
Section 14: APPEAL. An applicant or permittee may appeal any
action or determination of the Chief of Police under the
provisions of this ordinance to the City Manager pursuant to the
provisions of Section 7(a), (c) and (d) of Ordinance No. ____ -86
by filing written notice thereof with the City Clerk not later
than ninety-six (96) hours after the delivery of any written
notice given by the Chief of Police. The effect of revocation of
a permit shall be suspended by the filing of a notice of appeal
until the deter~ination of the appeal by the City Manager.
Section 15: MAILED NOTICE. Any notice mailed pursuant to the
provisions of this ordinance shall be deemed delivered twenty-four
(24) hours after its deposit in a post office or mailbox.
Section 16: MASSEUR OR MASSEUSE PERMIT: APPLICATION PROCEDURE.
An application for a masseur or masseuse permit shall be submitted
to the Chief of Police on forms provided by him. Such forms shall
require submission of the following information:
(a) The name and residence address of the applicant;
(b) The name and address of the recognized school attended,
the dates attended and a copy of the diploma or
certificate of graduation awarded the applicant showing
the applicant has completed not less than one hundred
(100) hours of instruction, at least seventy-five (75)
hours of which shall be classroom instruction;
(c) All the information required by subdivisions (b) through
(k) of Section 7.
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Section 17: ISSUANCE OR DENIAL OF PERMIT. The Chief of Police
shall, within twenty (20) days after receipt of an application
complying with the all the provisions of this ordinance, issue a
permit or deliver to the applicant, personally or by mail, written
notice of denial of the permit, setting forth the reason or
reasons therefor, in accordance with the provisions of Section 18.
Section 18: GROUNDS FOR DENIAL OF PERMIT. The Chief of Police
shall deny the permit if he finds:
(a) That any information contained in or submitted with the
application is not true; or
(b) That the applicant has been convicted of any of the
offenses listed in Section l2(c) hereof or convicted of
an offense without the State of California that would
have constituted any of such offenses if committed
within the State of California.
Section 19: REVOCATION OF PERHIT. The Cnief of Police shall
revoke a permit issued pursuant to the provisions of this Article
if:
(a) He subsequently determines that facts exist which, under
the provisions of Section 18, would have required denial
of the permit at the time of application; or
(b) Subsequent occurrences create a situation which, under
the provisions of Section 18, would have required denial
of the permit had the situation existed at the time of
application.
Notice of revocation of the permit shall be given in writing to
the masseur or masseuse by the Chief of Police. The masseur or
masseuse shall cease all operations under the permit within
ninety-six (96) hours of delivery of said notice, unless a notice
of appeal is filed pursuant to the provisions of Section 14.
Section 20: FACILITIES NECESSARY. No per~it to conduct a
massage establishment shall be issued unless an inspection reveals
that the establishment complies with the requirements of the
construction codes set forth in City ordinances, and each of the
following minimum requirements:
(a) Construction of rooms used for toilets, tubs, steam
baths, and showers shall be made waterproof with
approved waterproofed materials.
(b) For toilet rooms, toilet ,room vestibules and rooms
containing bathtubs, there shall be a waterproof floor
covering, which will be carried up all walls to a height
of at least six (6) inches. Floors shall be caved up on
base with at least 3/4 inch cover. The walls of all
toilet rooms and rooms containing bathtubs shall be
finished to a heigpt of six (6) feet with a smooth,
non-absorbent finish surface of Keene cement, tile, or
similar material.
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(c) Stearn rooms and shower compartments shall have
waterproof floors, walls and ceilings.
(d) Floors of wet and dry heat rooms shall be adequately
pitched to one (1) or more floor drains properly
connected to the sewer. (Exception: dry heat rooms
with wooden floors need not be provided with pitched
floors and floor drains.)
(e) A source of hot water must be available within the
immediate vicinity of dry and wet heat rooms to
facilitate cleaning.
(f) Separate toilet facilities for each sex shall be
provided in convenient locations. All toilet facilities
shall be equipped with self-closing doors opening in the
direction of ingress to such facilities. Toilets shall
be designated as to the sex accommodated therein.
(g) Lavatories or wash basins provided with both hot and
cold running water shall be installed in either the
toilet room or the vestibule. Lavatories or wash basins
shall be provided with soap in a dispenser and with
sanitary towels.
(h) All portions of massage establishments and baths shall
be provided with adequate light and ventilation by means
of windows or skylights with an area of not less than
one-eighth (1/8th) of the total floor area, or shall be
provided with approved artificial light and a
mechanical operating ventilating system. When windows
or skylights are used for ventilations, at least
one-half (1/2) of the total required window area shall
be operable.
To allow for adequate ventilation, cubicles, rooms, and
areas provided for patrons' use not served directly by a
required window, skylight, or mechanical system of
ventilation shall be constructed so that the height of
partitions does not exceed seventy-five percent (75%) of
the floor-to-ceiling height of the area in which they
are located.
All electrical appliances used in the operation of the
establishment shall comply with the provisions of City
ordinances.
Section 21:
OPERATING REQUIREMENTS.
(a) Every portion of a massage establishment, including
appliances, apparatus, and personnel shall be kept clean
and ooerated in a sanitary condition.
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(b) All masseurs, masseuses and employees shall be clean and
wear clean outer garments whose use is restricted to the
massage establishment. Such garments shall cover
completely the buttocks, genitals and pubic hair, and,
in the case of females, all portions of the breasts
below the uppermost part of the aureolae of the
nipples. Provision of a separate dressing room for each
sex must be available on the premises with individual
lockers for each employee. Doors to such dressing rooms
shall open inward and shall be self-closing.
(c) All massage establishments shall ,be provided with clean,
laundered sheets and towels in sufficient quantity and
shall be laundered after each use thereof and stored in
an approved, sanitary manner. No towels or sheets shall
be laundered or dried in any massage establishment
unless such establishment is provided with approved
laundry facilities for such laundry and drying.
Approved receptacles shall be provided for the storage
of soiled linens and paper towels.
(d) Wet and dry heat rooms, shower compartments, and toilet
rooms shall be thoroughly cleaned each day the business
is in operation. Bathtubs shall be thoroughly cleaned
after each use.
Section 22: DAILY REGISTER. Every permittee shall keep a daily
register, approved as to form by the Chief of Police, of all
patrons, with names, addressses and hours of arrival and the rooms
or cubicles assigned, if any. Said daily register shall at all
times during business hours be subject to inspection by the Chief
of Police or Health Officer or their representatives, and shall be
kept on file for one (1) year.
Section 23: INSPECTION.
establishment shall allow
by the Chief of Police or
representatives.
Every permittee operating a massage
inspection thereof during business hours
the Health Officer or their
Section 24: ADVERTISING. No massage establishment granted a
permit under the provisions of this ordinance shall place, publish
or distribute or cause to be placed, published or distributed any
advertising matter that depicts any portion of the human body that
would reasonably suggest to prospective patrons that any service
is available other than those services described in Section lee)
nor shall any massage establishment indicate in the text of such
advertising that any service is available other than those
services described in Section lee).
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Section 25: Lrf7.)..BLE CUBICLE. No massage(7:y be carried on
within any cubit..;e, room, booth or ariy area::ithin a massage
establishment, which is fitted with a door capable of being
locked.
Section 26: UNLICENSED MASSEUR OR MASSEUSE. No permittee shall
employ as a masseur or masseuse any person who does not possess a
valid unrevoked and unexpired permit issued pursuant to the
provisions of this ordinance.
Section 27: EMPLOYMENT OF MINORS. No permittee shall employ
either as a masseur or masseuse or other employee any person under
the age of eighteen (l8) years.
Section 28: OUT CALL MASSAGE SERVICES. No person shall engage
in out call massage services.
Section 29: MASSAGE BY CUSTOMER. No customer or client of a
massage establishment shall massage a masseur, masseuse or any
other person within a massage establishment.
Section 30: EXCEPTIONS. The provisions of this Chapter shall
shall not apply to: hospitals, nursing homes, sanitaria, or
persons holding an unrevoked certificate to practice the healing
arts under the laws of the State of California, or persons working
under the direction of any such persons or in any such
establishments, nor shall this ordinance apply to barbers or
cosmetologists lawfully carrying out their particular profession
or business and holding a valid, unrevoked license or certificate
of registration issued by the State of California.
Section 31. PERMIT FEE. No permit shall be issued hereunder
until the appropriate fee has been paid. The fee for a massage
establishment permit and a masseur or masseuse permit shall be as
established by the City Council by resolution.
Section 32. EFFECTIVE DATE AND POSTING OF ORDINANCE. This
Ordinance shall take effect and be in force thirty (30) days from
and after the date of its passage. The City Clerk of the City of
Dublin shall cause this Ordinance to be posted in at least three
(3) public places in the City of Dublin in accordance with Section
36933 of the Government Code of the State of California.
PASSED AL~D ADOPTED by the City Council of the City of Dublin
on this 12th day of January , 1987, by the following vote:
NOES:
Councilmembers Hegarty, Moffatt, Snyder, Vonheeder
and Mayor, Jeffery
None
AYES:
ABSENT:
None
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of ' ,
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~ Mayor 7 I
ATTEST:
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City I k
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