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HomeMy WebLinkAbout8.1 Attch 4 SB343 Suplemental materialsJuly 26, 2011 j~<_~~ ~~)~ 1 /~ SB 343 Senate Bill 343 mandates supplemental materials that have been received by the Community Development Department that relate to an agenda item after the agenda packets have been distributed to the Planning Commission be available to the public. This document is also available in the Community Development Department, the Dublin Library, and the City's Website. The attached document was received in the Community Development Department after distribution of the July 26, 2011 Planning Commission meeting agenda packet. July 26, 2011 Item #8.2 ATTACHMENT 4 Jay Fink S Brad Sanders 6769 Dublin Blvd. DubNn, CA 94568 925-570-4252 farsamdl~gmail.com July 28, 2011 Planning Commission City of Dublin Re: Appeal of Community Development Director's Interpretat~ns of Muniapal Cale Regarding Sahara Market Expansion at 6783!6777 Dublin Bou~vard. Dear Chairman Brawn and Members of the Planning Commission: OVERVIEW We are appealing the Community Development Direct~'s decisions that effectively prevent the proposed expansion of Sahara Market. Her decisions are not based on City standards, requin3rnents or policies. No market in Dublin has ever been held to such arbitrary requirements. The project should have been approved under the same rules and condkions as all other Dublin markets and reta~ers that contain both seating and food preparation areas as Retail -General Use. APPROVAL OF LAND USE TYPE BY SENIOR PLANNER, MARNIE WAFFLE - MARCH 16, 2011 The Senor Planner was correct and cdnsistent in her application of the Zoning Ordinance in determining the expansion of Sahara Market as Reta~ -General, not an Eaitng and Drinking Establishment (please see Exhibit 1) ~ March 16, 2011, the Senior Planner sent the landkxd and market owners an ema~ stating that the proposed expansion would ~ be considered a restaurant and would be parked at 1 space per 300 square feet subject to the actual number of parking spaces. Based on the representati~s ~ the Senior Planner, tt~ market owners and landlord signed a tease and have spent thousands of dollars on puns and other requiremerrts. FLiP-FLOPPING BY STAFF After the signing of the lease and- submission of plans for a building permit, the Community Development Director (Director) revenue the dedsion of the Senior Planner and determined that the food preparation area and seating area ~Id be dassi~ied as a restaurant. The Ding d~ not seem to realize that today's grocery markets generally have seating (please see Exhibit 2}. What kind of precedent would be established if an Applicant cannot depend on the decision of a Senior Planner? These delays have already cost the market and Landkud tens of thousands of dollars in lost revenue. Staff inappropriately conduded that our proposal is a restaurant because it "resembles" a restaurant on a floor plan drawing (please see Staff Report page 2, paragraph 4). No analysis was conducted by staff. Furthermore, staff inappropriately concluded, based on no analysis, that an a~essory use can be no more than 10 percent of the leasehold. Staff should have followed Zoning Ordinance Section 8.40.030.A and researched how other markets in Dubin and other cities were treated. MARKET EXPANSION IS NOT A RE8TAURANT Staffs assumption that the food preparation area and seating area comprise a restaurant is wrong. The proposed expansion of 2,400 square feet ~s part of the tote! expanded space of approximately 5,700 square feet. it is ~ a separate space to be treated ~. Both the June 10, 2011 Determination letter and the July 26. 2011 Staff Report failed to disclose that the expanded portion also Mduded signficant grocery shelving and that the new food prep area of 420 square feet was for expansion of the current butd~er depar'tmerrt. The Director's decis~rt that the proposed expansion of Sahara Market inc~ded two Use Types (a grocery market and a restaurant) ~ without merit. The determination of whether the expansion of the market constitutes a restaurant ~ a tend Use decision that Staff failed to make in accordance with Section 8.40.030 (please see Attachment 2) !n her June 10, 2011 letter, despite the tads of analysis, findings or detemninations, the Community Development Director assumed that the expansion was a cestaurarrt. In the July 26, 2011 Staff Report, it was assumed a restaunarrt because the floor plan of the expanded area "resembled' a restaurant. No grocery mark®t in Dublin has ever been held to these arbitrary and confiscatory requirements. The business narr~_and signs state market, not restaurant. Few if any people would cx~nfuse the ciarent or future market use with a restaurant. The project should have been approved under the same conditions as all other Dubin markets .and retailers that contain both seatir~ and food preparation areas as Retail -General Use. It ~ our contention that on-site food preparation and conswnption are inherent activities associated with food markets and are not accessory uses. Grocery markets 2 typically offer on-site food for consumption. Safeway, for example, typically offers patrons Starbucks coffee, piz~ by the shoe, Chinese food, and sandwicta3s (both ready- made and customer chokes) for on site consumption at caun~Ders, chairs and tables inside the market. As you know, markets these days offer a wkie variety of services and non-food items. Markets often have banking services as weN as the sale of toys, flowers, hardware, and small electronic items. The narrow definition of the term "markets" as proposed by staff does not addn~s alt activities typically associated with markets in th~ day and age. We beNeve the preparation and on-site consumption of food proposed by the Sahara Market are activities commonly associated with and inherent in the use of the term "grocery market". As discussed above, the Appellants strongly believe that the er~ire project should be classified as a market. If the Community Devekpment Department insists on two Use TYPE, this application -could have been approved under the City's Primary and Accessory Use Standards. Section 8.40.030A defines accessory uses, in part, as uses "which are necessary and customary assocated with, and are appropriate, incidental, and subordinate to, such principal uses.' In the case of Sahara Market, the principal use is the market. in accordance with Section 8.40.030.G.2, cafeterias, delicatessens, and food vending are permitted accessory uses in commercial districts if they contain less than 1,000 square feet. In the case of Sahara Market, the seating area wig oornprise only 500 square feet. The existing as well as the proposed expansion of the food preparation area are required for the market and are dependent of the proposed seating area. The existing and proposed food preparation area should not be included as part of the accessory use. If Staff had analyzed the issues and applied Section 8.40.030.A and/or 8.40.030.G.2 to our proposal, the Planning Commission would not have to deal with this issue. EQUAL TREATMENT FOR SMALL LOCAL BUSINESS Staff wants to consider this application for on-site food preparation and consumption to be a separate use with a more restrictive parking standard. Is this a new City standard? Ali markets in Dublin should be tt+eated equaay. In our search of City files, no reference was found to any mainstream market being dassifred as part restaurant or hm+ing to Provide extra .parking spaces for square footage because of on-site food consumption. Also, Staff could not te11 us about any other markets where regula#ions such as those proposed for Sahara Market were ever applied. INAPPROPRIATE USE OF ZONING ORDINANCE If the correct Land Use decision was made, there would be no need to defemnne whether a Tenant Space had Multip~ Functions, was determined to be an Acxxa3ssory Use, or was a Small Tenant Space. Ado, there would be no need to ascertain whether 3 Section 8.40.030.G, that mentions the 10% in industrial Zones applies or even merits a mention or discussion. ff the City does not want to consider food preparation and consumption to be inherent market use, the Sahara Market proposal should be a permitter! Acces~y Uce as allowed by the Zoning Ordinance. For our proposal to be regulated under Section 8.40.030.G.8, as proposed by staff, is ludicrous ark disingenuous. This section states, "Retail sales incidental to wholesale sales in industrial districts where the retail sales space is 10 % or less of the entire sales space" are aibwed. Our parcel does not have an industrial zoning cl~sifxiation. Our parcel has no relationship to industrial zoning or wholesale sales. By applying Section 8.40.030.G.6 to our application, staff has applied an unrelated Code requirement to us and has done the small busirress crommunity a disservice. The Director's unprecedented deasion .that the "seating area and combined food preparation areas" are an Accessory Use and shall not exceed 10% ~ the total square footage of the entire tenant space" i$ an impossible standard for a grocery market to ccxnply with. Rather than an interpretation of the Zoning Ordinance, the Director fabricated regulations that she would tike to see added to the Zoning Ordinance. The Director determined that the Atxessory or secrorxiary use (restaurant) inductee the seat~g area plus the existinng and proposed food preparation areas. Under this determination, our project is impossible to imp~ment. The existing food preparation area comprises 19% of the total existing market. Under the proposed market expansion, even without seats, the food preparation area would comprise akrr~t 18% of the total space (please see Exhibit 3). In effect, the Director kili~ our project. PARKING The parking requirements that the City is trying to impose would likely make other spaces within the shopping center unleaseabie. To avoid empty Tenant spaces, good planning should dictate working with property owners to c~rrie up with viable solutions. The Director's derision. as it n~tates to parking is counter intuitive. The Director detemntned that "acxessory use' is the "seating area ti+l.li~ combined food preparation" and shall be parked at 1 parking space for every 100 square feet. Section 8.76.080 (Parking Requirements by Use Type) actually reduces the parking n~quirement for the floor area not accessible to the customer (food preparation areas) to only 1 parking space for every 300 square feet (same as retaip compared to the more stringent requirement of "F~ting and Drinking EstabNshment" at 1 parking space for every 100 square feet. Furthermore, using the Industrial District for guidance as ~ relates to parking makes no sense. When reta7 sales space of 10% or teas is an accessory use to whotesa~, the parking impact is too small to have an impact: The ben percent "standard" 4 is being used bar staff out of its intended context. Staff would- like ~ definition of acxessory use tit be -based on a percentage of the total leasat3le area. The fact is that. no such definition exists ~n the Dublin Zoning Ci!rdinance. Staff cannot grab 1o percent completely out of its intended context and use it fdr unintended purposes. However;- if the Staff insists cm using the. 1U percent factor,. v+re v~rouid be comfortable with the Planning Commission approving; a QUO square foot seating areal; as long as long as the food. preparation ar$a is rtot included CC}AfC1.USlCIt!~I In this letter v~ have outlined the City ob;xtac~s enc+~:tntered in trying- to accommodate the needs of the local Afghani comi°n~tnity and expand a market into a now vacant tenant space en Roblin Boulevard. Under the determinations fensl`ed by the -community ©evelopmertt Director, it -would be ;impassible to expand tl~e market argil provide a small seating area requested by ~ustomecs of the market,. VVe believe proposed expansion was ant'~cipated and is allowed by the Municipal Code. The denial oaf our application is injurious ~ the Afghani community, customers, the stork s~wners, and the property owner. The denial of our application providos absolutely no dent to the City or the immunity: V1/e respectfully ask the Planning Commission. to overrule the Community l~eveloprr~r-t Director and approve qul' l,~ropgsed, smelt expansion as a grocery market. Please feel free to: contact us if you wouk9 lime to discuss these issues further. Very -truly yours, ~~~ aay-Fink ~~ Brad Winders s Marnie Waffle From: Jeff Baker Sent: Monday, July 25, 2011 3:27 PM To: Marnie Waffle Subject: FW: Sahara Market -- Please cooperate to help expand their business From: A. W. Akhtar [mailto:awakhtar@yahoo.com] Sent: Monday, July 25, 2011 2:59 PM To: Planning Commission; Tim Sbranti Cc: farsandl@gmail.com Subject: Sahara Market -- Please cooperate to help expand their business Dear Mayor and Planning Commission, If the allegations of Brad Sanders are true, I'm disappointed in how Sahara Market has been treated by the City of Dublin. My family is a regular customer of Sahara Market and would like to see their business grow. They have unique groceries - - fresh-baked Afghani bread, ethnic foods, and halal meat -- that I cannot find elsewhere in Dublin or the rest of the Tri- Valley. In fact, citizens of Pleasanton, San Ramon, Livermore, and Danville are jealous that we have this shop and not them. Please sincerely work with Brad and Sahara Market so they can open a restaurant without undue hardship and obstacles. Thank you. Ahmed Akhtar Citizen of Dublin since 2008 Marnie Waffle From: Jeff Baker Sent: Monday, July 25, 2011 9:54 AM To: Marnie Waffle Subject: FW: Sahara Market Expansion Appeal From: AlpSezen@viatech.com [mailto:AlpSezen@viatech.com] Sent: Sunday, July 24, 2011 3:16 PM To: Planning Commission; Tim Sbranti; Kevin Hart; Don Biddle; kassie.hiddenbrand@dublin.ca.gov; Eric Swalwell Cc: expansion@saharamkt.com Subject: Sahara Market Expansion Appeal To Whom It may concern; I live in Pleasanton where our family regularly travels to Dublin to shop and purchase items that cannot be found easily. Biggest complaint is how cramped the place is with no shelf space for hard to find the items. The result is to our dislike often time we order over the Internet from places like http://www.tulumba.com/default.asp which I do not prefer as the food you receive the quality is unknown. This expansion will better Sahara bsns volume, as we will be more inclined to shop there and eat there, more often. In return this could only mean more money for the city of Dublin. At the time of fiscal cuts I can only imagine this would be a good thing for Dublin as there are many others from outside the city who travels to Dublin to shop and eat at Sahara Market. I myself prefer not to order online even I have to drive and pay local taxes at the local store like Sahara for better service and quality. Please help local business like Sahara Market. Best Regards, Alp Sezen General Manager, VIA Technologies, Embedded Division (VEPD) 940 Mission court Fremont, CA 94359 510-683-3300 www.viaembedded.com ~~~embedded IMPORTANT -The information transmitted in this a-mail is intended only for the person or entity to which it is addressed and may contain confidential and/or privileged material. Any review, retransmission, dissemination or other use of, or taking of any action in reliance upon, this information by persons or entities other than the intended recipient is prohibited unless otherwise stipulated. If you received this a-mail in error, please contact the sender and delete the material from the computer. Marnie Waffle From: Jeff Baker Sent: Monday, July 25, 2011 9:54 AM To: Marnie Waffle Subject: FW: Sahara Market Expansion -vote of support to expand From: Richard DePasquale [mailto:richard.depasquale@girfa.com] Sent: Sunday, July 24, 2011 1:22 PM To: Tim Sbranti; Planning Commission Cc: expansion@saharamkt.com Subject: Fwd: Sahara Market Expansion -vote of support to expand Begin forwarded message: From: Richard DePasquale <richard.depasgualeC~girfa.com> Subject: Sahara Market Expansion -vote of support to expand Date: July 24,2011 1:18:26 PM PDT To: planningcomission(c~ci.dublin, tim.sbrandt(a)_dublin.ca.gov, kevin.hart@ci.dublin.ca.us, don.biddle(a~dublin.ca.gov, kassie.hiddenbrandCa~dublin.ca.gov, eric.swalwell(a~dublin.ca.gov Cc: expansion(c~saharamkt.com To whom it may concern, My wife and I have come to enjoy shopping at Sahara Market and travel from Livermore at least once a week to do so. We support their expansion and would ask that you remove any obstacles from their ability to do so. In these challenging times government agencies should be looking for ways to bring in additional revenues which an expansion of Sahara Market will do. More people in the Tri-Valley area are becoming aware of Sahara Market and the ethnic food diversity they bring to the area. Because of what they offer to the Tri-Valley community, it is no longer necessary to travel to outlying areas like San Jose, San Francisco or the Peninsula to purchase products that we use on a daily basis. The expansion of Sahara Market will increase Dublin's tax revenues which in these challenging days only makes sense. Dublin and other Tri-Valley cities should look to simplify the growth of local businesses rather than putting unnecessary obstacles in their way. Thank you for your consideration, Richard and Paula DePasquale 3114 Arbor Ave, Livermore, CA 94550 Marnie Waffle From: Jeff Baker Sent: Friday, July 22, 2011 2:13 PM To: Marnie Waffle Subject: FW: Expansion From: AI Heydarian [mailto:black67cam@yahoo.com] Sent: Friday, July 22, 2011 12:51 PM To: Planning Commission Cc: expansion@saharamkt.com Subject: Expansion I live in Pleasanton, buy my groceries from Sahara Market. Their prices are a lot lower than the markets in Pleasanton or San Ramon. Please allow their expansion to proceed. Thanks AI Heydarian