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Home My WebLink About03-28-1983 Pre-Hearing Staff Analysis 'THE CITY OF DUBLIN P.O. Box 2340 Dublin. CA 94566 (415) 829-3543 MEMORANDUM PRE-HEARING STAFF ANALYSIS Meeting Date: March 28, 1983 TO: City Council Planning Director f{ FROM: SUBJECT: Request for Rezoning - PA 83-002 Motor Lodge Associates GENERAL INFORMATION PROJECT: This is a request for a rezoning to allow the expansion of the Howard Johnson Motor Lodge on land now zoned for Light Industrial (M-l) and to rezone the existing Howard Johnson property making the zoning on both parcels consistent with the surrounding zone: Retail Commercial (C-l) . APPLICANT: Motor Lodge Associates, 6 Blackthorn Road, Lafayette CA 94549 REPRESENTATIVE: Johnson Clark ASSESSOR PARCEL NUMBER: 941-1500-22-01 and 941-1500-19-01 LOCATION OF PROPERTY: The southern end of Regional Street PROPERTY OWNER: Parcel 1 - APN 941-1500-22-01 - Motor Lodge Associates 6 Blackthorn Road Lafayette CA 94549 Parcel 2 - APN 941-1500-19-01 - Peter Bedford 3470 Mt. Diablo Blvd. Lafayette CA 94549 EXISTING ZONING: Parcell - (H-l) Highway Commercial Parcel 2 - (M-l) Light Industrial EXISTING LAND USE: Parcell - Howard Johnson Motor Lodge - Commercial Parcel 2 - Vacant -1- SURROUNDING ZONING AND LAND USE: North - C-l - Bowling Alley East - C-l - Restaurant and Warehouse South - Flood Control Channel and Highway 580 West - Flood Control Channel and Highway 580 SITE/ZONING HISTORY: S-421 - The Alameda County Planning Director approved a Site Development Plan for a 93-unit motel and restaurant (Howard Johnson Motor Lodge) - March 15, 1972. S-595X and C-3206 - In April, 1977, approval was granted to add 48 units to the motel. S-777X and C-3787 - In May, 1980, an additional 22 units were approved for the Motor Lodge. S-600 - A Site Development Plan for the Willow Tree Restaurant was approved by the Alameda County Planning Director on June 23, 1977. S-776 and C-3805 - Liberty House received approval to add a hardware and garden center on August 20, 1980. APPLICABLE REGULATIONS: Sections 8-48.0 to 8-48.9 of the Zoning Ordinance describes the basic land use regulations that apply to (C-l) Retail Commercial Zones. Hotels are permitted as Conditional Uses (8-48.2). Site Development Review would be required (8-48.4 and 8-95.0 to 8-95.8). (H-l) Highway Commercial zoning regulations are contained in Sections 8-45.0 to 8-45.9 (M-l) Light Industrial zoning regulations are contained in Sections 8-51.0 to 8-51.10. Conditional Use Permit requirements are covered by Section 8.94.0 to 8-94.7. ENVIRONMENTAL REVIEW: The proposed zoning change was deemed to have no significant environmental impacts associated with it. A Negative Declaration was prepared on February 15, 1983 - See Attachment #1. The Planning Commission recommended approval of the Negative Declaration at a public hearing on March 7, 1983. -2- NOTIFICATION: Public Notice of the March 28, 1983, hearing, was published in the Tri-Valley Herald and mailed to adjacent property owners. ANALYSIS: The applicant is requesting that a .9 acre portion of the Liberty House property be separated from that land, and that the new parcel be rezoned from M-l to C-l. The request is also to rezone the existing Howard Johnson Motor Lodge site from its present H-l designation to C-l. The applicant expects to add about 80 rooms to the existing motel and needs the .9 acre parcel for parking and possibly a recreational use. Should the rezoning be granted, other retail and business uses could occupy both sites. The manner in which the new development occurs is governed by the Site Development Review process which, in essence, will assure that new construction is safe, aesthetic, functional, and protective of adjacent developments from traffic, engineering, and design perspectives. The central question to ask when analyzing a rezoning request is: Is the proposed rezoning appropriate for the site, and, will it create a net benefit to the City? The surrounding land uses are retail and business uses: a bowling alley, restaurant, shops and a warehouse. Two sides of the subject property are adjacent to a flood control channel and freeway. The site is quite visible from the freeway. Future construction will be assessed as to its aesthetic impact from the freeway, to assure that the site continues to present a positive image for Dublin, and to those passing by. The site is partially subject to noise of sufficient magnitude that, were new construction to occur within the with the highest noise rating, the new construction would be designed to limit the noise internal to the buildings. noise level in 1977 was rated at above 65dbA. Hotel and residential noise levels from exterior sources should be limited to 45dbA interior to the buildings. Such a reduction is possible with standard construction techniques, should the proposed rooms be in the 65+dbA areas. areas need to The Alameda County Flood Control has requested that they review future plans, and that surface runoff, not be permitted to enter the existing channel. These requests can be complied with when development occurs. Changing the zoning on the property will not, in itself, lead to any drainage problems. -3- PLANNING COMMISSION ACTION: The Planning Commission reviewed this request at its meeting on March 7, 1983. The Commission recommended (4-0) that the City Council approve the rezoning request as stated in the Pre-Hearing Recommendation section below. COUNCIL ACTION REQUIRED: The City Council needs to hold a public hearing on this request, then to act on the Negative Declarations, make a decision on the application, and then make findings to support the action it wishes to take. The motion on the action must include the findings. If the Council approves the rezoning, it must also pass an ordinance in support of that decision. (See attached draft Ordinance). FINDINGS: 1. The City of Dublin is in the process of preparing and adopting a general plan. 2. There is a reasonable probability that the proposed rezoning will be consistent with the future general plan. 3. There is little or no probability that the rezoning will be a detriment to, or interfere with the future general plan, should the new zoning ultimately be inconsistent with the future general plan, 4. The rezoning will not have a significant environmental impact. 5. The rezoning is appropriate for the subject properties in terms of being compatible to existing and permitted land uses, transportation, and service facilities. 6. The rezoning will not have substantial adverse effects on health or safety or be substantially detrimental to the public welfare, or be injurious to property or public improvements. -4- PRE-HEARING RECOMMENDATION It is recommended that the City Council: 1) Adopt the Negative Declaration; 2) Introduce an ordinance to approve the rezoning request and waive reading of ordinance; 3) Direct the City Engineer to adjust the lot line on the .9 ac. parcel to coincide with the zoning boundary. Attachments: Draft Ordinance #1 - Negative Declaration Interim Environmental Assessment form plat map zoning map ltr from Bedford dtd 1/24/83 ltr from applicant dtd 2/23/83 ltr from applicant dtd 2/3/ 83 car parking regulations ltr from Bedford dtd 3/8/83 -5- ORDINANCE NO. AN ORDINANCE AMENDING THE CITY OF DUBLIN ZONING ORDINANCE TO PERMIT THE REZONING OF REAL PROPERTY WITHIN THE CITY OF DUBLIN THE CITY COUNCIL OF THE CITY OF DUBLIN, STATE OF CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION I A 4.69-acre site located at the south western end of Regional Street (AN 941-1500-22-01), and a .9-acre parcel located at the south eastern end of Regional street (APN 941- 1500-19-01) as shown on the map labelled PA 83-002, Exhibit "A", on file with the Dublin Planning Department, 6500 Dublin Blvd., Dublin, California, is hereby rezoned to the Retail Commercial (C-l) District. A map of the rezoning is as follows: CETAIL .., .-IE ~ WE ZONING FRC'M 114-/ TO c./. ;lMJ tor /..INF ALVti$TMEIVr FA ~;--09Z-. exh (bit l~! . 'r. SECTION II This Ordinance shall take effect and be in force thirty (30) days from and after the date of its passage. Before the expiration of fifteen (15) days after its passage, it shall be published once with the names of the Council members voting for and against the same in 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, State of California, on this day of 1983, by the following votes: AYES: NOES: ABSENT: Mayor Attest: By City Clerk