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HomeMy WebLinkAbout8.1 Appeal of CDD Determination Re: Sahara MarketSTAFF REPORT PLANNING COMMISSION DATE: August 9, 2011 TO: 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. On July 26, 2011, the Planning Commission held a public hearing on the appeal. At the public hearing, the Appellant, Jay Fink, requested a continuance to the August 9, 2011 Planning Commission meeting. The Planning Commission will hear the appeal and, in accordance with the Dublin Zoning Ordinance, may affirm, affirm in part or reverse the 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. _- ___ ~ l; ~. Submitted By Stevie cred By Senior Planner Planning Manager COPIES TO: Appellant ITEM NO.: Page 1 of 3 G:IAgendas120111Sahara MarketlPC Meeting 08.09.111PCSR 08.09.11.doc DESCRIPTION: On July 26, 2011, the Planning Commission held a public hearing on the 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 (see Attachment 1). During the public hearing, the Appellant, Jay Fink, manager of the nearby Furniture Warehouse, requested that the item be continued to the August 9, 2011 Planning Commission meeting. The Appellant stated that the reason for requesting the continuance was that one Planning Commissioner was absent and he wanted the opportunity to have the appeal heard before the full Commission (see Attachment 2). Staff is recommending that the Planning Commission affirm the Community Development Director's determination and interpretation (Attachment 3). NOTICING REQUIREMENTS/PUBLIC OUTREACH: At the July 26, 2011 Planning Commission meeting, this item was continued to the August 9, 2011 Planning Commission meeting. After distribution of the Planning Commission packets, Staff received a letter from Jay Fink and Brad Sanders dated July 26, 2011 further elaborating on the basis of their appeal; Staff also received four a-mails in support of the project (Attachment 4). Since the July 26, 2011 Planning Commission meeting Staff has received three additional a-mails in support of the proposed market expansion (Attachment 5). ATTACHMENTS: 1) Planning Commission Staff Report dated July 26, 2011, with attachments. 2) Draft Planning Commission Meeting Minutes dated July 26, 2011. 3) 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. 4) SB 343 supplemental materials received prior to the July 26, 2011 Planning Commission meeting. 5) Additional a-mails of support for the proposed expansion of Sahara Market. 2of3 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 Yousofi & 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/OfFce & Automotive Retail & Automotive West M-1 Business Park/Industrial Vacant REFERENCES: None 3 of 3