HomeMy WebLinkAboutItem 6.2 Zoning Change Clark Ave CITY OF DUBLIN
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: November 9, 1992
SUBJECT: PA 92-067 City of Dublin Zone Change (M-1, Light
Industrial District, to C-O, Administrative
Office District and C-2, General Commercial
District)
REPORT PREPARED BY: David K. Choy, Associate Planner
EXHIBITS ATTACHED: Exhibit A: Draft Resolution Approving
Negative Declaration for
PA 92-067
Exhibit B: Draft Ordinance Approving Rezone
Request
Attachment 1 : Location/Zoning Map
Attachment 2 : Assessors Parcel Map Depicting
Affected Properties for Zone
Change
Attachment 3 : General Plan Land Use Designation
Map
Attachment 4 : General Plan Land Use Definitions
Attachment 5 : Planning Commission Resolution
No. 92-054 recommending City
Council approve Negative
Declaration
Attachment 6 : Planning Commission Resolution
No.;, 92-055 recommending City
Council approve Rezone request
RECOMMENDATION: 1) Open public hearing
2 ) Receive Staff Report and testimony from
Applicant and the public.
3) Question Staff, Applicant and the public
4 ) Close Public Hearing and deliberate.
5) Adopt Resolution (Exhibit A) approving the
Negative Declaration
6 ) Introduce Ordinance (Exhibit B) to rezone
property in the vicinity of Village Parkway
and Clark Avenue, south of Dublin
Boulevard, and continue to City Council
meeting of November 23, 1992 for second
reading of Ordinance or give Staff and
Applicant direction.
FINANCIAL STATEMENT: None
--------- --- -------------------------------
ITEM NO. COPIES TO: Applicant/Owner
Project Planner
Agenda File
Application File
I ITY CLERK
_ t, /I n
DESCRIPTION:
BACKGROUND
On October 19 , 1992 , the Planning Commission adopted Resolution No.
92-054 recommending the City Council approve PA 92-067 City of Dublin
Zone Change for seven parcels (APN 941-1401-3, 8, 9 , 10, 16 , 17 , and 18)
from the M-1, Light Industrial District to the C-0, Administrative Office
District, and for one parcel (APN 941-1401-19) from the M-1, Light
Industrial District to the C-2 , General Commercial District.
The Planning Commission initiated this zone change request in
response to the Operating Engineers Credit Union' s Site Development
Review and Zone Change application (PA 92-050, 6300 - 6370 Village
Parkway) . The Applicant is proposing to construct a breezeway that
connects their building with the adjacent northern building located on a
separate parcel ( 6400 Village Parkway) , and to rezone their property from
the M-1 District to the C-0 District (northern parcel ' s zoning
designation) .
A lot merger application is required to combine both parcels .
However, the application cannot be considered at this time because the
resulting parcel would be split zoned. The zone change would provide a
consistent zoning designation for the combined parcels and would allow
the Planning Department to consider the lot merger application.
ANALYSIS
In analyzing the Operating Engineers Credit Union' s rezone request,
Staff evaluated eight contiguous properties located along Village Parkway
and Clark Avenue, south of Dublin Boulevard, and the British Petroleum
(BP) Gas Station and Car Wash property located at 6602 Village Parkway
(southwest corner of Dublin Boulevard and Village Parkway) for zoning and
General Plan consistency. The eight contiguous parcels and the BP Gas
Station parcel are zoned M-1, Light Industrial District (see Attachment
1) .
Each of the eight contiguous parcels have been developed with office
as the primary use, except the National Food Laboratory parcel located at
6363 Clark Avenue, which is operating as a research and development
facility. The M-1 District allows research activities as a permitted
use, but does not permit office activity as a primary use. The County of
Alameda approved the construction of office buildings and the
establishment of office uses on these parcels prior to the City of Dublin
incorporating.
At its regularly scheduled meeting of October 19 , 1992 , the Planning
Commission voted to remove the National Food Laboratory parcel, located
at 6363 Clark Avenue, from the project boundaries . This was done in
response to a letter received by the Planning Department from Howard
Heller, of Kin Properties, Inc . , representing the property owners of the
National Food Laboratory parcel . Mr. Heller expressed the property
owner' s opposition to the proposed rezoning and its effect on the present
and future operation of their facility.
-2-
The C-0 District allows office as a permitted use and research and
development facilities as a conditional use. If the National Food
Laboratory property were rezoned, the existing operation would have been
considered a legal nonconforming use and would have been allowed to
continue operation at its present location. The Planning Commission did
not feel it was necessary to rezone the National Food Laboratory parcel,
in light of the property owner' s objection.
The City Council may consider changing the zoning of the National
Food Laboratory parcel from the M-1, Light Industrial District, to the C-
0, Administrative Office District, despite the property owners objection
and the Planning Commissions recommendation. This zone change would make
the National Food Laboratory parcel more consistent with the other seven
contiguous parcels to the south and west, as well as the Civic Center
parcel to the east.
Staff recommends zone change approval for seven of the eight
contiguous parcels, and City Council direction on whether the zoning
should be changed on the National Food Laboratory parcel . The C-0
District zoning designation would allow the continued operation of the
existing primary office uses located on Clark Avenue and Village Parkway.
This designation is more consistent with the adjacent downtown general
commercial, retail, and office uses and zoning designations . The C-0
District is also consistent with the General Plan land use designation,
which is Business Park/Industrial . This land use classification allows
non-retail businesses, such as research, limited manufacturing and
distribution activities, and administrative offices .
Staff recommends zone change approval for the BP Gas Station parcel
from the M-1 , Light Industrial District to the C-2, General Commercial
District in order to eliminate a spot zoned parcel and to provide General
Plan and Zoning Ordinance consistency. . The General Plan land use
designation for this parcel is Retail/Office which is not compatible with
the M-1, Light Industrial District regulations . (see Attachments 1, 3 &
4 )
A Negative Declaration has been prepared pursuant to the California
Environmental Quality Act (CEQA) , State CEQA Guidelines, and the City of
Dublin Environmental Guidelines . The project, as proposed, will not have
a significant effect on the environment.
This zone change request has been reviewed by other City Departments
and the City Attorney. Staff recommends that the City Council approve
the Negative Declaration and the zone change from: 1) the M-1, Light
Industrial District to the C-0, Administrative Office District for seven
contiguous parcels located in the general vicinity of Village Parkway and
Clark Avenue, south of Dublin Boulevard; 2 ) the M-1 Light Industrial
District to the C-2 , General Commercial District for the BP Gas Station
property located at 6602 Village Parkway. Staff additionally recommends
that the City Council provide direction on whether the zoning should be
changed on the National Food Laboratory parcel .
-3-
RESOLUTION NO. - 92
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
---------------------------------------------------------------------
ADOPTING A NEGATIVE DECLARATION FOR PA 92-067 CITY 'OF DUBLIN ZONE
CHANGE FROM THE M-1, LIGHT INDUSTRIAL DISTRICT TO THE C-2, GENERAL
COMMERCIAL DISTRICT AND THE C-0, ADMINISTRATIVE OFFICE DISTRICT IN THE
VICINITY OF VILLAGE PARKWAY AND CLARK AVENUE
WHEREAS, an application (PA 92-050) was submitted requesting a
zone change from the M-1, Light Industrial District to the C-0,
Administrative Office District, for the parcel located at 6300-6.370
Village Parkway (APN 941-1401-8) ; and
WHEREAS, the Planning Department evaluated eight contiguous
parcels, including the subject site (APN 941-1401-8, 9 , 10, 16, '17 ,
18, 12 , & 3 ) , along Village Parkway and Clark Avenue, south of Dublin
Boulevard, and the gas station parcel located at 6602 Village Parkway
.(APN 941-1401-19 ) all zoned M-1, Light Industrial District and found
that the primary use for the eight contiguous parcels is office, with
`one parcel operating as a research and development facility, and that
the gas station parcel zoning is inconsistent with the General Plan
land use designation for the site, which is Retail/Office; and
WHEREAS, the Zoning Ordinance does not permit office use as a
primary use within the M-1, Light Industrial District; and
WHEREAS, the Planning Commission did review and consider the
Negative Declaration at a public hearing on October 19, 1992 ; and
WHEREAS, on October 19 , 1992, the Planning Commission recommended
to the City Council approval of a zone change for seven of the eight
contiguous parcels from the M-1, Light Industrial District to the C-0,
Administrative Office District (removing the research and development
facility parcel, 941-1401-12 , from the project boundaries) , and for
the gas station parcel from the M-1, Light Industrial District to the
C-2 , General Commercial District, to allow the continued operation of
existing primary office uses and to maintain consistency with adjacent
downtown commercial uses and zoning designations, and the General Plan
land use designations for the parcels; and
WHEREAS, a draft ordinance amending the Zoning Ordinance to
change the zoning designation of the subject parcels from the M-1,
Light Industrial District to the C-2 , General Commercial District and
the C-0, Administrative Office District in the vicinity of Clark
Avenue and Village Parkway, south of Dublin Boulevard has been
prepared; and
WHEREAS, the California Environmental Quality Act (CEQA) , the
State CEQA Guidelines and City Environmental Guidelines require that
certain projects be reviewed for environmental impacts and that
environmental documents be prepared; and
WHEREAS, an Initial Study was conducted finding that the project,
as proposed, would not have a significant effect on the environment;
and EXHIBIT A
WHEREAS, a Negative Declaration has been prepared for this
project; and
WHEREAS, public notice of the Negative Declaration was given in
all aspects as required by State law, and
WHEREAS, the City Council did review and consider the Negative
Declaration at a public hearing on November 9 , 1992 .
NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin City Council does
hereby find that:
1 . The project will not have a significant effect on the
environment.
2 . The Negative Declaration has been prepared and processed in
accordance with State and local environmental laws and''
guideline regulations .
3 . The Negative Declaration is . complete and adequate.
BE IT FURTHER RESOLVED THAT THE bublin City Council does hereby
adopt the Negative Declaration for PA 92-067 Zone Change for seven
contiguous parcels (APN 941-1401-8, 9, 10, 16, 17 , 18, & 3) located
along Village Parkway and Clark Avenue, south of Dublin Boulevard,
from the M-1, Light Industrial District to the C-O, Administrative
Office District, and one parcel located at 6602 Village Parkway (APN
941-1401-19 ) from the M-1, Light Industrial District to the C-2, '
General Commercial District.
PASSED, APPROVED AND ADOPTED this 9th day of November, 1992 .
AYES:
NOES :
ABSENT:
Mayor
ATTEST:
City Clerk
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DUBLIN AMENDING THE ZONING ORDINANCE TO
PERMIT THE REZONING OF REAL PROPERTY LOCATED AT 6602, 6300 - 6370, 6250
AND 6200 VILLAGE PARKWAY AND 6379, 6377, 6375, AND 6300 CLARK AVENUE
-----------------------------------------------
' The City Council of the City of Dublin does ordain as follows :
Section 1
Chapter 2 of Title 8 of the Dublin Zoning Ordinance is hereby
amended in the following manner:
One parcel located at 6602 Village Parkway, more specifically
described as Assessor Parcel Number 941-1401-19, is rezoned from the
M-1, Light Industrial District to the C-2, General Commercial District;
and seven contiguous parcels located at 6300 - 6370, 6250 and 6200
Village Parkway, and 6300, 6379, 6377 and 6375 Clark Avenue, more
specifically described as Assessor Parcel Number 941-1401-8, 9 , 10, 31
18, 17 , and 16 , respectively, are rezoned from the M-1, Light Industrial
District to the C-0, Administrative Office District.
A map depicting the rezoning area is outlined below:
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Section 2
This Ordinance shall take effect and be enforced thirty ( 30) days
from and after its passage. Before the expiration of fifteen ( 15) days
after its passage, it shall be published once, with the names of the
Council members voting for and against the same, in a local newspaper
published in Alameda County =and available in the City of Dublin.
PASSED AND ADOPTED BY the City Council of the City of Dublin, on
this day of 199_, by the following votes :
AYES :
NOES :
ABSENT:
Mayor
ATTEST:
City Clerk
SEE SHEET '111
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OCT 2 1986 DUBLIN
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P.M. 786(Bk.72 Pg.25)
P M.728 (8k.72 Pg.24)(AMENDED)
PM. 725 (Bk.72 Pg.23)(AMENDED)
P M. 843 (Bk. 76 Pg.5)
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Dublin General Plan Land Use and Circulation Section
PPrimaPlanning AreaN''d� :::::::::::::::: Residential
rimary 9 �1 Single-Family Residential
Revised to include City Council /r• - O Medium Density Residential
changes through July 71, 1984 ...
= Medium-High Density Residential
.`_os'� \'pD �`1�1�, ,.tom•• 1 ' \ Commercial/Industrial
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_. _ BIAYNEY-DVETT,UR&W.WD REGg-P1ANNEPS '
i FIGURE 1
1
Residential: Medium Density (6.1 to 14.0 units per gross residential acre).. The
range allows duplex, townhouse, and garden apartment development suitable for family
living. Except where mixed dwelling types are designated, unit types and densities
may be similar or varied. Where the plan requires mixed dwelling types, listed
policies specific to the site govern the location and distribution of dwelling types.
Assumed household size is two persons-per unit. Recently reviewed projects, in the
medium density range include'Parkway Terrace (7.8) and Amador Lakes west of the
Dougherty Hills (13.5) .
Residential: Medium-High Density (14.1 to 25.0 units per gross residential acre) .
Projects at the upper end of this range normally will require some under-structure
parking and will have three or more living levels in order to meet zoning ordinance
open space requirements. Assumed household size is two persons per unit. Examples
of medium-high density projects include The Springs (17.8) and Greenwood Apartments
(19.8) .
Commercial/Industrial
Retail/Office. Shopping centers, stores, restaurants, business and professional
offices, motels, service stations_,and--saze'-of- auto parts are included in this
classification. Residential us'e-1 s excluded except in the Downtown Intensification
Area.
Retail/Office and Automotive. This classification includes all retail/office uses
and adds auto dealerships, auto body shops, and similar uses. Residential uses are
not permitted.
Business Park/Industrial. Uses are non-retail businesses (research, limited
manufacturing and distribution activities, and administrative offices) that do not
involve heavy trucking or generate nuisances due to emissions, noise, or open uses.
Residential uses are not permitted. Maximum attainable ratios of floor area to site
area (FAR) are controlled by parking and landscaping requirements and typically
result in .35 to .40 FAR's. Examples: Clark Avenue, Sierra Court.
Business Park/Industrial: Outdoor Storage. In addition to the Business
Park/Industrial uses described above, this classification includes retail and
manufacturing activities conducted outdoors such as mobile home or construction
materials storage. Example: Scarlett Court.
Public/Semi-Public
Public/Semi-Public Facilities. Uses other than parks owned by a public agency that
are of sufficient size to warrant differentiation from adjoining uses are labeled.
Development of housing on a site designated on the General Plan as semi-public shall
be considered consistent with the General Plan. Determination as to whether, housing
should be permitted on a specific semi-public site and the acceptable density and
design will be through review of a Planned Unit Development proposal under the Zoning
Ordinance. Examples: Public and private schools, churches.
Parks/Public Recreation. Publicly owned parks and recreation facilities.
Open Space. Included are areas dedicated as open space on subdivision maps, slopes
greater than 30 percent, stream protection corridors, woodlands, and grazing lands.
5 A A MT q
RESOLUTION NO. 92 - 054
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
RECOMMENDING ADOPTION OF A NEGATIVE DECLARATION FOR PA 92-067 CITY OF
DUBLIN ZONE CHANGE FROM THE M-1, LIGHT INDUSTRIAL .DISTRICT TO THE C-2 ,
GENERAL COMMERCIAL DISTRICT AND C-0, ADMINISTRATIVE OFFICE DISTRICT IN
THE VICINITY OF VILLAGE PARKWAY AND CLARK AVENUE
WHEREAS, an application (PA 92-050) was submitted requesting a
zone change from the M-1, Light Industrial District to the C-0,
Administrative Office District, for the parcel located at 6300-6370
Village Parkway (APN 941-1401-8) ; and
WHEREAS, the Planning Department evaluated eight contiguous
parcels , including the subject site (APN 941-1401-8, 9 , 10, 16 , 17 ,
18, 12 , & 3) , along Village Parkway and Clark Avenue, south of Dublin
Boulevard, and the gas station parcel located at 6602 Village Parkway
(APN 941-1401-19 ) all zoned M-1, Light Industrial District and found
that the primary use for the eight parcels is office, with one parcel
operating as a research and development facility, and that the gas
station parcel zoning is inconsistent with the General Plan land use
designation for the site which is Retail/Office; and
WHEREAS, the Zoning Ordinance does not permit office use as ' a
primary use within the M-1, Light Industrial District; and
WHEREAS, on August 17 , 1992, - the Planning Commission approved a
zone change initiation for the eight contiguous parcels from the M-1,
Light Industrial District to the C-0, Administrative Office District,
and for the one gas station parcel from the M-1, Light Industrial
District to the C-2 , General Commercial District, to allow the
continued operation of existing primary office uses and to maintain
consistency with adjacent downtown commercial uses and zoning
designations , and the General Plan land use designations for the
parcels; and
WHEREAS, a draft ordinance amending the Zoning Ordinance to,
change the zoning designation of the subject parcels from the M-1,
Light Industrial District to the C-2, General Commercial District and
the C-0, Administrative Office District in the vicinity of Clark
Avenue and Village Parkway has been prepared; and
WHEREAS, the California Environmental Quality Act (CEQA) , the
State CEQA Guidelines and City Environmental Guidelines require that
certain projects be reviewed for environmental impacts and that
.environmental documents be prepared; and
WHEREAS, an Initial Study was conducted finding that the project,
as proposed, would not have a significant effect on the environment;
and
WHEREAS, a Negative Declaration has been prepared for this
project; and
_ 1 _
ATTACH
WHEREAS, public notice of the Negative Declaration was given in
all aspects as required by State law, and
WHEREAS, the Planning Commission did review and consider the
Negative Declaration at a public hearing on October 19 , 1992; and
WHEREAS, Howard Heller of Kin Properties, Inc. , representing the
property owners of the National Food Laboratory parcel ( 941-1401=12)
submitted a letter dated October 13, 1992, objecting to the proposed
rezoning of the subject property; and
WHEREAS, the Planning Commission felt the permitted uses provided
under the M-1, Light Industrial District were more appropriate for the
National Food Laboratory parcel (941-1401-12) and removed said parcel
from the proposed rezoning request.
NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning
Commission does hereby find that:
1 . The project will not have a significant effect on the
environment.
2 . The Negative Declaration has been prepared and processed in
accordance with State and local environmental laws -and
guideline regulations .
3 . The Negative Declaration is complete and adequate.
BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission does
hereby recommend that the City Council adopt the Negative Declaration _
for PA 92-067 City of Dublin Zone Change for seven contiguous parcels
(APN 941-1401-8, 9 , 10, 16 , 17 , 18, & 3) located along Village Parkway
and Clark Avenue south of Dublin Boulevard, from the M-1, Light
Industrial District to the C-0, Administrative Office District, and a
parcel located at 6602 Village Parkway (APN 941-1401-19) from the M-1,
Light Industrial District to the C-2 , General Commercial District.
PASSED, APPROVED AND ADOPTED this 19th day of October, 1992 .
AYES : Commissioners Barnes, Burnham, North, Rafanelli and Zika
NOES : None
ABSENT: None
Planning Commission Chairperson
ATTEST:
Planning Directo
2 _
i
RESOLUTION NO. 92 - 055
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
---------------------------------------------------------------------
RECOMMENDING ADOPTION OF PA 92-067 CITY OF DUBLIN ZONE CHANGE FROM THE
M-1, LIGHT INDUSTRIAL DISTRICT TO THE C-2, GENERAL COMMERCIAL DISTRICT
AND THE C-0, ADMINISTRATIVE OFFICE DISTRICT IN THE VICINITY OF VILLAGE
PARKWAY AND CLARK AVENUE
WHEREAS, an application (PA 92-050) was submitted requesting a
zone change from the M-1, Light Industrial District to the C-0,
Administrative Office District, for the parcel located at 6300-6370
Village Parkway (APN 941-1401-8) ; and
WHEREAS, the Planning Department evaluated eight contiguous,
parcels , including the subject site (APN 941-1401-8, 9 , 10, 16 , 17 ,
18, 12 , & 3 ) , along Village Parkway and Clark Avenue, south of Dublin
Boulevard, and the gas station parcel located at 6602 Village Parkway
(APN 941-1401-19 ) all zoned M-1, Light Industrial District and found
that the primary use for the eight parcels is office, with one parcel
operating as a research and development facility, and that the gas
station parcel zoning is inconsistent with the General Plan land use
designation for the site, which is Retail/Office; and
WHEREAS, the Zoning Ordinance does not permit office use as ;a
primary use within the M-1 , Light Industrial District; and
WHEREAS, on August 17 , 1992, the Planning Commission approved a
zone change initiation for the eight contiguous parcels from the ,M-1,
Light Industrial District to the C-0, Administrative Office District,
and for the one gas station parcel from the M-1, Light Industrial
District to the C-2 , General Commercial District, to allow the
continued operation of the existing primary office uses and to
maintain consistency with the adjacent downtown commercial uses and
zoning designations, and the General Plan land use designations for
the parcels ; and
WHEREAS, a draft ordinance amending the Zoning Ordinance to
change the zoning designation of the subject parcels from the M-1,
Light Industrial District to the C-0, Administrative Office District
and the C-2 , General Commercial District in the vicinity of Clark
Avenue and Village Parkway has been prepared; and
WHEREAS, the Planning Commission did hold a public hearing on
said application on October 19, 1992; and
WHEREAS, proper notice of said public hearing was given in all
respects as required by law; and
WHEREAS, the application has been reviewed in accordance with the
provisions of the California Environmental Quality Act (CEQA) and a
Negative Declaration has been prepared for this project as it will not
have a significant effect on the environment; and
- 1 - ATTACHMENT 6
WHEREAS, a Staf: sport was submitted recomn ling the Planning
Commission recommend City Council approval of said draft ordinance;
and
WHEREAS, the Planning Commission did hear and consider all said
reports, recommendations and testimony hereinabove set forth; and
WHEREAS, Howard Heller of Kin Properties, Inc. , representing the
property owners of the National Food Laboratory parcel (941-1401412 )
submitted a letter dated October 13, 1992, objecting to the proposed
rezoning of the subject property; and -
WHEREAS, the Planning Commission felt the permitted uses provided
under the M-1 , Light Industrial District were more appropriate for the
National Food Laboratory parcel ( 941-1401-12) and removed said parcel
from the proposed rezoning request.
NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning
Commission does hereby find that:
A. Rezoning the existing M-1, Light Industrial District zoned
parcels along Village Parkway and Clark Avenue, south of
Dublin Boulevard (APN 941-1401-8, 9 , 10, 16 , 17 , 18 , & 3) to
the C-0, Administrative Office District would provide more
logical use of the land; continued operation of existing_
primary office uses in- a more appropriate zoning district;
and consistency with the adjacent downtown general
commercial, retail and office uses and zoning designations;
and
B. Rezoning the parcel located at 6602 Village Parkway (APN
941-1401-19 ) to the C-2, General Commercial District would
eliminate a spot zoned parcel and would be more consistent
with the General Plan land use designation for the site,
which is Retail/Office.
BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission does
hereby recommend that the City Council approve PA 92-067 City of
Dublin Zone Change for seven contiguous parcels (APN 941-1401-8, ' 9 ,
10, 16 , 17 , 18, & 3) located along Village Parkway and Clark Avenue
south of Dublin Boulevard, from the M-1, Light Industrial District to
the C-0, Administrative Office District, and a parcel located at 6602
Village Parkway (APN 941-1401-19 ) , from the M-1 , Light Industrial
District to the C-2, General Commercial District.
PASSED, APPROVED AND ADOPTED this 19th day of October, 1992 .
AYES : Commissioners Barnes, Burnham, North, Rafanelli and Zika
NOES : None
ABSENT: None
Planning Commission Chairperson
ATTEST:
Planning Directo
2 _
NOV o5 192 01:07PM KIN PROPERTIES INC F.2i2
KIN PROPERTIES, INC.
77 TARRYTOWN ROAD
SUITE 100
WHITE PLAN$,NEW YORK 10607-1620
TELEPHONE; (914)693.8080
HOWARD E. HELLER FAX:(914)683-8033
GENERAL COUNSEL
November 5, 1992
By MAIL AND FAX: 510-833-6628
RECEIVED
The City Council '
City of Dublin
100 Civic Plaza DUBLIN PLANNING,
P.O. Box 2340
Dublin, CA 94568 ;,
Re: Our Property #3237 - 6363 Clark Avenue, Dublin, California
Gentlemen:
With reference to the above-captioned property, we recently had been
advised that the Planning Commission of the city of Dublin had sought
to change the zoning classification for the premises in question from
an M-1 Light Industrial District to a C-2 District. This application
had been made without the knowledge of-the property owner and without
its consent. The property owner had objected to such application. We
are also advised that the tenant of the premises, The National Food
Laboratory, had objected to said application. As a result, we
understand that the application was denied at the meeting of the
planning commission held as of October 19 .
The tenant of the premises, The National Food Laboratory, has now
advised us that a hearing is scheduled to be held as of November 9
wherein this matter will be heard by the City Council. Please accept
this letter as your advice on behalf of the property owner that it
continues to object to any attempt to rezone the premises in question
without the consent of the property owner and without the consent of
the tenant of the property owner. We trust that the application in
question will be denied based upon the objections of the property owner
and the tenant of the premises.
Very ly yours
Howard E. Heller
HEH:dp