HomeMy WebLinkAbout8.1 Attch 3 PC Resolution Affirming CDD DeterminationRESOLUTION NO. 11-XX
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
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
6783/6777 DUBLIN BOULEVARD
(APN 941-0205-001-56)
WHEREAS, Sahara Market is an existing 3,317 square foot market that 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; and
WHEREAS, the proposed expansion would allow customers to purchase food for on-site
consumption similar to an Eating and Drinking Establishment Use Type; and
WHEREAS, the proposed expansion of Sahara Market includes two Use Types, "Retail-
General" and "Eating and Drinking Establishment"; and
WHEREAS, Section 8.76.040.M (Tenant Space with Multiple Functions) sets forth how
parking is determined for a tenant space with multiple functions. 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; and
WHEREAS, the Director of Community Development has the authority to determine
whether a tenant space with multiple functions is a Large Tenant Space or a Small Tenant
Space; and
WHEREAS, 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; and
WHEREAS, on June 20, 2011, Jay Fink, the manager of the adjacent Furniture
Warehouse, filed an appeal of the 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); and
WHEREAS, the City of Dublin Planning Commission held a public. hearing on said appeal
on July 26, 2011; and
WHEREAS, the Appellant requested that the public hearing be continued to the August
9, 2011 Planning Commission meeting; and
WHEREAS, 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; and
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WHEREAS, the City of Dublin Planning Commission continued the public hearing on said
appeal on August 9, 2011; and
WHEREAS, the Planning Commission did hear and consider all said reports,
recommendations and testimony herein above set forth and used its independent judgment to
evaluate the appeal; and
WHEREAS, a Staff Report was submitted recommending that the Planning Commission
affirm 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).
NOW, THEREFORE, BE IT RESOLVED that the City of Dublin Planning Commission
does hereby find that:
A. Without any guidance in the Zoning Ordinance, it is reasonable to conclude that a
5,717 square foot tenant space is a "Small Tenant Space."
B. Without any direct guidance in the Zoning Ordinance that defines when a use is
primary or secondary under Section 8.76.040.M of the Zoning Ordinance, it is
reasonable to treat a more intense "Eating and Drinking Establishment" use as
"primary" to a less intense "Retail-General" use when it exceeds 10% of the total
square footage, borrowing the standard allowing up to 10% accessory retail uses in
industrial zones.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City of Dublin Planning
Commission does hereby affirm the June 10, 2011 Official Interpretation and Determination of
the Community Development Director.
PASSED, APPROVED AND ADOPTED this 9t" day of August 2011 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Planning Commission Chair
ATTEST:
Planning Manager
G:1Agendas120111Sahara MarketlPC Meeting 08.09.111PC Reso 08.09.11.doc
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