HomeMy WebLinkAboutReso 005-88 NewEwePDRezRESOLUTION NO. 5 - 88
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
ESTABLISHING FINDINGS AND GENERAL PROVISIONS FOR A PD,
PLANNED DEVELOPMENT REZONING CONCERNING PA 87-127,
CREST ENTERPRISES, INC./THE NEW EWE
PLANNED DEVELOPMENT (PD) REZONING APPLICATION
WHEREAS, Cynthia Ingalls, representing The New Ewe, filed an
application requesting the City rezone a .54 acre site at 11873 Dublin
Boulevard to expand the uses permitted for the site within that Planned
Development District; and
WHEREAS, said site (APN 941-1550-4) is one of three parcels
(APN 941-1550-3, 941-1550-4 and 941-1550-5) currently zoned Heritage Park PD,
Planned Development 1362 Zoning Unit (Z.U.); and
WHEREAS, all affected property owners within the Heritage Park
Planned Development 1362 Z.U. have filed applications initiating the PD
Rezoning request; and
WHEREAS, the Planning Commission held public hearings on
November 2, 1987, and November 16, 1987; and
WHEREAS, proper notice of said public hearings was given in all
respects as required by law; and
WHEREAS, on November 16, 1987, after hearing and considering all
reports, recommendations and testimony the Planning Commission adopted
Resolution No. 87-074 recommending the City Council adopt a Negative
Declaration for PA 87-127 and adopted Resolution No. 87-075 recommending
adoption of an Ordinance and establishing findings and general provisions for
PD Rezoning for PA 87-127; and
WHEREAS, this application has been reviewed in accordance with the
provisions of the California Environmental Quality Act and the City Council
adopted a Negative Declaration of Environmental Significance (City Council
Resolution No. 109 87) for this project, as it will have no significant
effect on the environment; and
WHEREAS, the Staff Report was submitted recommending that the City
Council rezone the property at 11873 Dublin Boulevard to a PD, Planned
Development District allowing banks, savings and loan institutions, restaurant,
medical offices, health club/fitness center, and tanning and beauty salon uses;
and
WHEREAS, the Green Store was built as a store use within the 1850's
by John Green, an early settler in Dublin and a County Supervisor, and
WHEREAS, the Green Store is one of the oldest buildings within the
City of Dublin, and
WHEREAS, PD 1362nd Zoning Unit was adopted by the Alameda County
Board of Supervisors on September 19, 1987, requiring the Green Store be
restored and preserved in compliance with the National Historic Register
standards for Historic Rehabilitation; and
WHEREAS, the Green Store was restored in compliance with the
General Provisions of 1362nd Zoning Unit Planned Development; and
WHEREAS, the Dublin City Council considers the Green Store building
to be a significant historic resource to the General Public; and
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WHEREAS, the City Council determined that uses permitted and
operated within the Green Store should promote the historic value and integrity
of building; and
WHEREAS, the City Council reviewed and considered all reports,
recommendations and testimony concerning the Planned Development Rezoning
request at a public hearing on December 14, 1987, December 21, 1987, and
January 11, 1988;
NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin City Council does
hereby find that:
1. Rezoning the property to a PD, Planned Development District to expand the
existing permitted uses, requiring a historic theme for uses established in the
district, will be appropriate for the subject property in that it will ensure
compatability among uses, compatability with the historic character of the
Green Store, and will provide for a range of uses which will be compatible to
existing land uses in the immediate vicinity and which will conform to the
General Plan land use designation.
2. The rezoning will not have a substantial adverse affect on health or
safety or be substantially detrimental to the public welfare or be injurious to
property or public improvement.
3. The rezoning will not overburden public services.
BE IT FURTHER RESOLVED THAT THE Dublin City Council does hereby
establish the following General Provisions:
PA 87-127 PD, Planned Development District is established to modify and
expand the permitted uses approved for 11873 Dublin Boulevard (the Green
Store parcel, APN 941-1550-4) of the 1362nd Zoning Unit, and to establish
uses compatible to the historic character of Green Store building,
comparable with other uses operating within the Green Store, and compatible
with the existing Heritage Park office complex, and with the surrounding
residential and retail uses. Uses and development of property within this
PD, Planned Development District shall be subject to the provisions of the
C-O District except as modified through the General Provisions for
PA 87-127.
2. The following Principal Uses are permitted in the Planned Develoment
District:
a)
b)
c)
d)
e)
f)
g)
h)
i)
j)
k)
restaurant
bank/financial institution
antique store
ice cream store
candy store
barber shop
photographer
health club/fitness center
tanning salon
beauty salon
medical offices
3. The following is a Conditional Use in the Planned Development Distict and
shall be permitted only if a Conditional Use Permit is approved:
- tavern
4. Specific uses in the PA 87-127 PD, Planned Development District shall
comply with the following:
a) all approved uses shall promote and maintain the historic value and
integrity of the Green Store.
b) all approved uses shall promote and maintain a historical theme
compatible with the historic character of the Green Store.
c) All approved uses shall maintain and enhance interior and exterior
accessability of the Green Store to the General Public.
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PA 87-127 PD, Planned Development shall be subject to all other applicable
provisions of the 1362nd Zoning Unit, Alameda County, Exhibit C, approved
September 19, 1978, by the Board of Supervisors (Ordinance No. 2-87).
Prior to establishment of use the Applicant shall comply with all
applicable City of Dublin Police Security Regulations, including pinlocks
installed on all unsecured casement windows and steel door bars with
padlock to secure doors during non-business hours subject to Police
Department approval.
Prior to establishment of use the Applicant shall a) remove all plant
material from the sidewalk along DonIon Way and Dublin Boulevard, b) clean
existing catch basins and drain lines, and c) correct the sunken spot and
repair the AC paving in the driveway adjacent to Dublin Boulevard.
8. Prior to establishment of use the Applicant shall remove the storage shed
built without permits located on the east portion of the lot.
Prior to establishment of use, the Applicant shall secure all required City
permits, including, but not limited to, zoning approval and building
permits.
10. The Applicant shall submit revised C.C. & R.'s as necessary for review and
approval by the City Attorney and Planning Director.
11.
Any exterior or interior modification, addition, alteration, or accessory
structure shall reflect and be consistent and compatible with the historic
nature of the Green Store, and shall be subject to Site Development Review
approval.
12.
All new and existing signage shall be subject to a sign program that shall
reflect and be consistent and compatible with the historic nature of the
Green Store and shall be similar to and compatible with the professional
office uses.
PASSED, APPROVED AND ADOPTED this llth day of January, 1988.
AYES:
Councilmembers Hegarty, Moffatt and Vonheeder
NOES:
Councilmember Snyder and Mayor Jeffery
ABSENT: None
ATTEST:
City
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