The URL can be used to link to this page

Home My WebLink About8.1 PH Sahara Mkt ExpansionG~~~ OF Dp~l f~ 19' c~i~~ `82 ~~~~i l `~~LIFO~~I~ DATE: September 27, 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. On June 20, 2011, an appeal of the Community Development Director's determination and interpretation was filed. Public Hearings to hear the appeal were scheduled before the Planning Commission on July 26, 2011 and August 9, 2011 and at both meetings the Appellant requested a continuance. Staff is currently working with the property owner to address the issues related to the expansion of Sahara Market and the general project site. Following the publishing and mailing of the Public Hearing Notice for the September 27, 2011 Planning Commission meeting, the Appellant requested another continuance to provide additional time to resolve the issues. The Planning Commission will be asked to continue the item to a date uncertain. RECOMMENDATION: Staff recommends that the Planning Commission: 1) Receive Staff's presentation; 2) Open the public hearing; 3) Take testimony from the Appellant and the public; 4) Close the public hearing; and 5) Continue the item to a date uncertain. L.X`tlo~v~~ ~ ~~~ao1~ Submitted By Senior Planner R ewed By Planning Manager ___ __.. COPIES TO: Appellant File ITEM NO.: ' Page 1 of 3 G:I,ggendas120111Sahara MarketlPC Meeting 09.27.111PCSR Continuance 09.27.11.doc STAFF REPORT PLANNING COMMISSION DESCRIPTION: 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. In accordance with Chapter 8.136 (Appeals), actions of the Community Development Director may be appealed to the Planning Commission. 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). On July 26, 2011, the Planning Commission held a public hearing on the appeal. During the public hearing, the Appellant 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. At the August 9, 2011 Planning Commission meeting, the Appellant requested another continuance to a date no later than September 27, 2011 in order to provide time to resolve the issues related to the proposed Sahara Market expansion. Since that time Staff has been working with the property owner of Dublin City Center on resolving the Use Type and parking issues related to the Sahara Market expansion as well as the property owner's other more global issues related to the use of the Dublin City Center commercial complex for retail uses. Staff has initiated Zoning Ordinance Amendments to clarify certain provisions of the Zoning Ordinance as it relates to tenant spaces with multiple use types in order to remove an unclear provision of the Zoning Ordinance and facilitate the expansion of Sahara Market. The Zoning Ordinance Amendments were heard by the Planning Commission at the August 23, 2011 Planning Commission meeting and will be presented to the City Council on October 4, 2011 for the first reading of the Ordinance and on October 18, 2011 for the second reading. In addition to the request to allow Sahara Market to expand to include a restaurant, the property owner has also requested that Dublin City Center be parked as a retail center. Staff completed a parking study at Dublin City Center to assess the current parking demands within the commercial complex and is currently waiting for the property owner to submit an application for a Minor Use Permit for a Shared Parking Reduction. The Appellant would like to reserve the right to have his appeal heard at a future date while the above described actions are taking place. Therefore, the Appellant has requested a continuance to December 13, 2011. Unless the appeal is ultimately withdrawn, a public hearing will be scheduled with the Planning Commission on or before December 13, 2011. The Public Hearing Notice for the September 27, 2011 meeting was published and mailed prior to Staff receiving the request for a continuance therefore the item must be placed on the agenda. Staff is recommending that the Planning Commission continue the item to a date uncertain. ATTACHMENTS: None. 2of3 GENERAL INFORMATION: APPELLANT: TENANT: 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 LOCATION ZONING GENERAL PLAN LAND USE CURRENT USE OF PROPERTY North M-1 Business Park/Industrial and Retail/Office & Automotive Light Industrial South M-1 Parks/Public Recreation Park East C-2 Retail/Office & Automotive Retail & Automotive West M-1 Business Park/Industrial Vacant REFERENCES: None 3of3