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Home My WebLink About8.2, PH-Sahara Market Appeal? OF pp ti 19 ,82 1 R?? DATE: TO: July 26, 2011 Planning Commission SUBJECT: PUBLIC HEARING (Quasi-Legislative): Appeal of a Community Development Director Determination regarding Section 8.76.040.M.2 (Small Tenant Space) and Interpretation regarding Section 8.40.030.G.6 (Retail Sales) as they relate to the proposed Sahara Market expansion at 6783/6777 Dublin Boulevard. EXECUTIVE SUMMARY: On June 10, 2011 the Community Development Director made a determination regarding Section 8.76.040.M.2 (Small Tenant Space) and an interpretation regarding Section 8.40.030.G.6 (Retail Sales) as they relate to the proposed Sahara Market expansion at 6783/6777 Dublin Boulevard. Sahara Market is an existing 3,317 square foot market and is proposing to expand by 2,400 square feet to include, an 800-square foot seating area for customers, an enlarged food preparation area, an additional check-out counter and a new office. On June 20, 2011, Jay Fink, manager of the adjacent Furniture Warehouse, appealed the Community Development Director's determination regarding Section 8.76.040.M.2 (Small Tenant Space) and interpretation regarding Section 8.40.030.G.6 (Retail Sales). In accordance with Chapter 8.136 (Appeals), actions of the Community Development Director may be appealed to the Planning Commission. The Planning Commission may affirm, affirm in part or reverse an action of the Community Development Director. RECOMMENDATION: Staff recommends that the Planning Commission: 1) Receive Staffs presentation; 2) Open the public hearing; 3) Take testimony from the Appellant and the public; 4) Close the public hearing and deliberate; and 5) Adopt a Resolution affirming the Community Development Director's Determination regarding Section 8.76.040.M.2 (Small Tenant Space) and Interpretation regarding Section 8.40.030.G.6 (Retail Sales) as they relate to the proposed Sahara Market expansion at 6783/6777 Dublin Boulevard. Submitted By R vie d By Senior Planner Planning Manager COPIES TO: Appellant ITEM NO.: • Page 1 of 8 STAFF REPORT PLANNING COMMISSION GAAgendas120111Sahara MarkeAPCSR 07 26 11-Final Draft 0721 11_REVISED.doc DESCRIPTION: Background Sahara Market is located at 6783 Dublin Boulevard within a portion of the Dublin City Center commercial center (see Figure 1). The property has a General Plan Land Use Designation of Retail/Office and Automotive and is zoned PD (Planned Development) with C-2 (General Commercial) uses. Figure 1. Dublin City Center Location Map Sahara Market is an existing 3,317 square foot retail store that sells groceries, fresh baked bread and prepared food for off- site consumption; the existing market is considered a "Retail- General" Use Type which is a permitted use in the PD Zoning District. Sahara Market met with City ?eciro& ?' Staff to discuss establishing a restaurant within a vacant tenant _ space adjacent to the existing 0 'b`4&4#V 1 market. A restaurant is a r " ° # `-*.now permitted use in the PD Zoning Sahara Market • . • , District. However, there was _ r •+ A insufficient parking on-site to accommodate a restaurant. Subsequently, Sahara Market proposed to expand the existing market into the adjacent tenant space with an accessory restaurant component in an effort to reduce the parking requirements. Sahara Market submitted plans for a Building Permit to expand the existing market by 2,400 square feet. The total square footage of the existing Sahara Market (3,317 square feet) and the proposed expansion (2,400 square feet) is 5,717 square feet. The proposed expansion area includes, an 800-square foot seating area where customers can purchase prepared food for on- site consumption; enlarging the market's existing food preparation area; adding a check-out counter; and, a new office (see Attachment 1, Sheet A-2). Based on the floor plan submitted, the expansion area more closely resembles an "Eating and Drinking Establishment" Use Type rather than an accessory restaurant component to the existing market. As a result, the expanded Sahara Market would consist of a tenant space containing multiple functions consisting of "Eating and Drinking Establishment" and "Retail-General". The primary issue surrounding the expansion of Sahara Market is determining what the appropriate parking standard is for a tenant space that includes two Use Types. Tenant Spaces with Multiple Functions Section 8.76.040.M (Tenant Space with Multiple Functions) sets forth how parking is determined for a tenant space containing several Use Types. A Large Tenant Space is required to be parked for each Use Type whereas a Small Tenant Space is parked for the primary Use Type only. The Dublin Zoning Ordinance does not define a Large Tenant Space or a Small Tenant Space but rather gives the Director of Community Development the authority to determine 2 of 8 whether a tenant space with several Use Types is a Large Tenant Space or a Small Tenant Space. The Zoning Ordinance also does not define a primary Use Type. In order to determine the primary Use Type of Sahara Market, Chapter 8.40 (Accessory Uses and Structures) was consulted. Section 8.40.030 lists specific accessory uses which are permitted in Commercial and Industrial areas (Attachment 2). This section does not include "Eating and Drinking Establishments" as an accessory component to a "Retail-General" Use Type; however, Section 8.40.030 does provide an example of when the Zoning Ordinance considers a more intensive use to be a primary use. Section 8.40.030.G.6 (Permitted Commercial and Industrial Accessory Uses) reads as follows: Retail Sales. Retail Sales incidental to wholesale sales in Industrial Zoning Districts where the retail sales space is 10% or less of the entire sales space. Although it is not explicitly stated in the Official Interpretation, the Community Development Director, "borrowing" from the standard set out in the Accessory Uses and Structures chapter of the Zoning Ordinance, determined that 10% was an appropriate threshold for determining when a smaller but more intensive use becomes the primary use in a tenant space with several Use Types. Section 8.04.060.E of the Dublin Zoning Ordinance grants the Community Development Director the authority to make official interpretations of the applicability or meaning of any requirements of the Zoning Ordinance as applied to a specific case. Community Development Director Interpretation of an Accessory Use While Sahara Market is not a wholesale sales business and is not located in an Industrial Zoning District, Section 8.40.030.G.6 provides guidance regarding the size or intensity of accessory uses in similar situations. The Sahara Market expansion is a similar situation in that it is a retail market that would like to establish a second Use Type (a restaurant) that is more intense than the first Use Type (a retail market). Therefore, the Community Development Director interpreted that an "Eating and Drinking Establishment" would be considered a secondary use to a retail use if it does not exceed 10% of the entire tenant space thereby allowing the entire tenant space to be parked at the retail standard of 1 parking space for every 300 square feet of gross building area (see Attachment 3). Community Development Director Determination as Small Tenant Space In accordance with Section 8.76.040.M, the Community Development Director has determined that the expanded Sahara Market is a Small Tenant Space and may be parked as a "Retail- General" Use Type at 1 parking space for every 300 square feet of the gross floor area so long as the seating area and food preparation areas do not to exceed 10% of the total square footage of the entire tenant space (see Attachment 3). The total square footage of the expanded Sahara Market is 5,717 square feet; therefore, a maximum of 10% of the tenant space, 571.7 square feet, may be utilized for food preparation and customer seating as an accessory use to the retail market. As such, the entire tenant space would require 19 parking spaces. Based on the current mix of tenants within Dublin City Center (see Table 1), the total parking requirement would be 77 spaces resulting in a surplus of 1 space. 3 of 8 Table 1. Dublin Citv Center Parkina Reauirements Business Square Feet Parking Ratio Required Parkin Sahara Market w/accesso restaurant use 5,717 s q . ft. 1/300 19 sp aces Furniture Store 10,000 s q . ft. 1/400 25 sp aces Automotive Repairs & Service 3,000 s q . ft. 1/400, 1/ba 11 sp aces Vacant Warehouse 5,184 s q . ft. 1/1,000 5 sp aces Orthodontist 2,500 s q . ft. 1/250 10 sp aces D Cleaner 2,000 s q . ft. 1/300 7 sp aces TOTAL PARKING REQUIRED 77 s paces TOTAL PARKING AVAILABLE 78 s paces SURPLUS/(SHORTAGE) 1 s pace Appeal of the Community Development Director's Determination and Interpretation On June 20, 2011, the Community Development Director's determination and interpretation was appealed by a tenant within Dublin City Center, Jay Fink, manager of the Furniture Warehouse (Attachment 4). The appeal does not state specific grounds for the appeal but rather makes the following three statements: 1) Within a "Tenant Space with Multiple Functions" (8.76.040.M), the Director defined restaurant space by totaling the "seating area and combined food preparation areas'. 2) Director defined an accessory use for a Small Tenant Space as 10% or less of the total Tenant square footage. 3) Director made a determination that a Tenant Space of 5,717 is a Small Tenant Space. However there is no definition of what is a Small Tenant Space vs. Large Tenant Space. How much square footage would make it a Large Tenant Space? ANALYSIS: Chapter 8.136 (Appeals) of the Dublin Zoning Ordinance sets forth the procedures for filing and processing an appeal. Determinations made by the Community Development Director on the meaning of the Dublin Zoning Ordinance are appealable to the Planning Commission for consideration at a public hearing. The Planning Commission may, by majority vote, affirm, affirm in part, or reverse a determination made by the Community Development Director based upon findings of fact. If the Planning Commission reverses the Community Development Director's interpretation, the Official Interpretation will no longer be of any force and effect. Yet, the "unclear" provisions in the Zoning Ordinance will remain in place. Therefore, if the Commission reverses, it should provide direction for the Community Development Director to consider if she chooses to issue a revised Official Interpretation. In the June 20th appeal letter, Mr. Fink made the following three statements, without any particular grounds; each statement is followed by Staffs response: 1) Within a "Tenant Space with Multiple Functions" (8.76.040.M), the Director defined restaurant space by totaling the "seating area and combined food preparation areas". The appellant does not articulate why he believes that the Community Development Director's determination was incorrect. The Community Development Director determined that the seating area and food preparation areas that could reasonably be 4 of 8 used to prepare food for on-site consumption would be included in the maximum 10% of the tenant space for the "Eating and Drinking Establishment' It would not be appropriate to exclude food preparation areas from the calculation of square footage of an "Eating and Drinking Establishment" since food preparation areas are an integral component of a restaurant use and the parking standard for such uses distinguishes between areas accessible to the public (such as the seating area) and areas not accessible to the public (such as the food preparation area and back office). 2) Director defined an accessory use for a Small Tenant Space as 10% or less of the total Tenant square footage. Again, the appellant has not articulated why he believes the Community Development Director's interpretation was incorrect. As described above, the Director used the "up to 10%" standard contained in Chapter 8.40 (Accessory Structures and Uses) because it is an example of how the Zoning Ordinance deals with secondary uses that are more intense than the primary use. Presumably, given the Director's focus on the intensity of the use, the Director was primarily concerned about where to draw the line between when a use is primary and secondary. The Director was justifiably concerned about the point at which the "Eating and Drinking Establishment" Use Type was so significant that its parking standard (rather than the retail parking standard) should apply. In that light, the 10% appears reasonable. The appellant did not offer an alternative interpretation or proposed standard. 3) Director made a determination that a Tenant Space of 5,717 is a Small Tenant Space. However there is no detinition of what is a Small Tenant Space vs. Large Tenant Space. How much square footage would make it a Large Tenant Space? Once again, the appellant has not articulated why he believes that the Community Development Director's interpretation was incorrect. The total square footage of the expanded Sahara Market is 5,717 square feet (the official interpretation/determination includes a typographical error which reads 5,517 square feet). Chapter 8.76 does not define a Large Tenant Space or a Small Tenant Space but rather grants the Community Development Director the authority to determine whether a tenant space with several Use Types is a Large Tenant Space or a Small Tenant Space. The Community Development Director determined that the Sahara Market is a Small Tenant Space. Furthermore, it is not clear why the appellant, who desires to see the vacant space occupied, would have appealed this particular determination since a determination that the Sahara Market is a Large Tenant Space would necessarily result in a higher parking requirement than permitted under the Official Interpretation. Next Steps The Community Development Director's determination and interpretation is being appealed by Jay Fink of Furniture Warehouse based on the three statements outlined above. In accordance with Chapter 8.136 (Appeals), the Planning Commission may affirm, affirm in part or reverse the Community Development Director's interpretation. Staff is recommending that the Community Development Director's determination and interpretation be affirmed by the Planning Commission (Attachment 5). 5 of 8 The following options are available to Sahara Market to facilitate the proposed expansion: 1. Reduce the size of the food preparation area and seating area not to exceed 10% of the tenant space consistent with the Community Development Director's determination and interpretation. 2. Amend the Dublin Zoning Ordinance to remove Section 8.76.040.M distinguishing between Large and Small Tenant spaces. By doing this, each Use Type would be parked separately without having to make a determination as to whether the tenant space was small or large. This would result in an on-site parking deficit of 4 spaces (see Tables 2 and 3 below) which could be resolved by restriping the parking lot to gain additional parking. (Note: Staff has already incorporated the Zoning Ordinance Amendment into the work program and will bring it forward for consideration at a future public hearing.) Table 2. Sahara Market Parkinq Requirements Use Square Feet Parking Ratio Required Parkin Existing Market 3,317 s q. ft. 1/300 11 spaces Proposed Expansion Accessible to Customers 800 s q. ft. 1/100 8 spaces Not Accessible to Customers/Retail 1,600 s q. ft. 1/300 5 spaces Subtotal Parkin Required 2,400 s q. ft. 13 spaces TOTAL PARKING REQUIRED (Existing and Proposed) 24 spaces Table 3. Dublin City Center Parkinq Requirements Business Square Feet Parking Ratio Required Parkin Sahara Market 5,717 s q . ft. See Table 2 24 s paces Furniture Warehouse 10,000 s q . ft. 1/400 25 s paces Automotive Repairs & Service 3,000 s q . ft. 1/400+1/ba 11 s paces Vacant Warehouse 5,184 s q . ft. 1/1,000 5 s aces Orthodontist 2,500 s q . ft. 1/250 10 s paces D Cleaner 2,000 s q . ft. 1/300 7 sp aces TOTAL PARKING REQUIRED 82 s paces TOTAL PARKING AVAILABLE 78 s paces SURPLUS/(SHORTAGE) (4)s paces 3. Request a parking reduction in accordance with Chapter 8.76 (Off-Street Parking and Loading Regulations). ENVIRONMENTAL REVIEW: The California Environmental Quality Act (CEQA), together with the State Guidelines and City Environmental Regulations require that certain projects be reviewed for environmental impacts and when applicable, environmental documents prepared. Staff is recommending that the Planning Commission find this project exempt from CEQA pursuant to Section 15303(c) (New Construction or Conversion of Small Structures). 6of8 NOTICING REQUIREMENTS/PUBLIC OUTREACH: In accordance with Chapter 8.136 (Appeals), when an appeal has been filed a public hearing shall be conducted as required by Chapter 8.132 (Notice and Hearing). A Public Notice was mailed to all property owners and tenants within 300 feet of the proposed Project and all occupants of the project site. A Public Notice was also published in the Valley Times and posted at several locations throughout the City. Letters of support for the proposed expansion of Sahara Market have been submitted to the City via e-mail (Attachment 6). A Public Notice was e-mailed to each interested party who submitted comments on the project. At the time this Staff Report was prepared one objection to the proposed expansion was received via a telephone call. A copy of this Staff Report was provided to the Appellant, Jay Fink; the owners/operators of Sahara Market, Moe Yousofi and Solaiman Safi; and the Property Owner of record, Seka Properties, LLC. ATTACHMENTS: 1) Project Plans prepared by Vahid Khalili Architect, labeled Building Dept. 1st Check 2 of 2 (6 sheets). 2) Dublin Zoning Ordinance Chapter 8.40 (Accessory Structures and Uses Regulations). 3) Community Development Director Determination and Interpretation Letter dated June 10, 2001. 4) Letter dated June 20, 2011 from Jay Fink, Furniture Warehouse appealing the Community Development Director's interpretations of Zoning Ordinances 8.76.040.M. 5) Resolution affirming the Community Development Director's Determination regarding Section 8.76.040.M.2 (Small Tenant Space) and Interpretation regarding Section 8.40.030.G.6 (Retail Sales) as they relate to the proposed Sahara Market expansion. 6) Letters of support for the expansion of Sahara Market. 7 of 8 GENERAL INFORMATION: APPELLANT: TENANT(s): PROPERTY OWNER: LOCATION: ASSESSOR'S PARCEL NUMBER: GENERAL PLAN LAND USE DESIGNATION: SPECIFIC PLAN LAND USE DESIGNATION: SURROUNDING USES: Jay Fink, Manager Furniture Warehouse 6769 Dublin Boulevard Dublin, CA 94568 Moe Yousof & Solaiman Safi Sahara Market 6783 Dublin Boulevard Dublin, CA 94568 Brad Sanders Seka Properties, LLC 6787 Dublin Boulevard Dublin, CA 94568 6783/6777 Dublin Boulevard 941-0205-001-56 Retail/Office & Automotive N/A CURRENT USE OF LOCATION ZONING GENERAL PLAN LAND USE PROPERTY North M-1 Business Park/industrial and Light Industrial Retail/Office & Automotive South M-1 Parks/Public Recreation Park East C-2 Retail/Office & Automotive Retail & Automotive West M-1 Business Park/industrial Vacant REFERENCES: Dublin General Plan Dublin Zoning Ordinance 8of8