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HomeMy WebLinkAbout6.1 Crest Enterprises & The New Ewe PA87-187 AGENDA STATEMENT CITY COUNCIL MEETINGTber 14. 1987 SUBJECT: PUBLIC HEARING: PA 87-127 Crest Enterprises and The New Ewe: A request for a Planned Development Rezoning initiated by the affected property owners to expand the permitted uses within a portion (APN 941-1550-4) of the existing Heritage Park Planned Development, 1362nd Zoning Unit (APN 941-1550-4. 941-1550-3 and 941-1550-5). The proposed expanded uses include medical offices and labs, health club/fitness center, and beauty and tanning salon in addition to the bank, savings and loan, and restaurant uses currently permitted on the site, 11873, 11891 and 11875-11887 Dublin Boulevard. EXHIBITS ATTACHED: Exhibit A: Drafe Resolution Adopting Negative Declaration for Planned Development Rezoning Exhibit B: Draft Resolution Establishing Findings and General Provisions for Planned Development Rezoning Exhibit C: Draft Ordinance Relating to PD Rezoning Exhibit D: Floor Plan Background Attachments: 1. Planning Commission Resolution No. 87-074 Recommending Adoption of Negative Declaration 2. Planning Commission Resolution No. 87-075 Recommending Adoption of Ordinance and Establishing Findings and General Provisions 3. November 16, 1987, Planning Commission Staff Report and Attachments for PA 87-127 4. Applications from Affected Property Owners RECOMMENDATION: ry,(;7 l. J=r f'i.'(J1 ft 2. Open public hearing and hear Staff presentation. Take testimony from Applicant and the public. Question Staff, Applicant and the public. Close public hearing and deliberate. A-I. Adopt Resolution regarding Negative Declaration. A-2. Adopt Resolution regarding Planned Development Rezoning. A-3. Waive reading and introduce Ordinance amending Zoning Ordinance. A-4. Bring Ordinance back for second reading at December 21, 1987, City Council meeting; or B. Continue item and give Staff direction. 3. 4. 5. 5. FINANCIAL STATEMENT: The project will have a negligible fiscal effect on the City. APPLICANT/REPRESENTATIVE: Cynthia Ingalls 3211 Crow Canyon Place, Suite 279 San Ramon, CA 94583 ----------------------------------------------------------- ITEH NO. 6...1 COPIES TO: Applicant Owners File PA 87-127 Dublin Historical Assoc. PROPERTY OWNERS: Crest Enterprises, Inc. Box 956 Oakland, CA 94604 Portobello Investors & Portobello-Chase Investors c/o Marvin E. Poer & Company 221 East Walnut Street, #242 Pasadena, CA 91101 Dambrosio Bros. Investment Co. 1228 Reernwood Avenue Sunnyvale, CA 94086 LOCATION: 11873 Dublin Boulevard ASSESSOR PARCEL NUMBER: 941-1550-4 PARCEL SIZE: .54 Acre GENERAL PLAN DESIGNATION: Retail office EXISTING ZONING AND LAND USE: PO - Planned Development District 1362nd Zoning Unit covering APN's: 941-1550-4; 941-1550-3; 941-1550-5; totaling approximately 8.0~ acres. Office complex and vacant restaurantJbar. SURROUNDING LAND USE AND ZONING: North - East - South - West - R-S-D-20 - Multi-Family Residential Use PO - Restaurant PO - Office Complex C-1 - Retail Commercial Center ZONING HISTORY: September 19, 1978: Alameda County Board of Supervisors approved PO, Planned Development 1362nd Zoning Unit permitting banks, savings and loan or restaurant uses on Sites A and B (APN 941-1550-4 and 941-1550-3), and permitting business, administrative and professional office uses on Site C (APN 941-1550-5). November 20, 1978: Alameda County Planning Commission approved the preservation and restoration plan for the Green Store. April 5, 1982: Dublin City Council adopted Resolution No. 17-82 vacating a portion of Dublin Boulevard adjacent to Green Store. November 22, 1982: Dublin City Council resolved Green Store modifications which were made contrary to planning conditions of approval and without building permits. August 30, 1983: Dublin Planning Director approved PA 82-032 freestanding sign for the site. DESCRIPTION: The Applicant is requesting approval to rezone one of three parcels of property within the Heritage Park Planned Development District (l362nd Z.U.). The Applicant is requesting to expand the types of uses permitted on Site A at 11873 Dublin Boulevard (Green Store) to include medical offices and labs, health club/fitness center, and beauty and tanning salon uses in addition to the bank, savings and loan institution and restaurant uses currently identified as permitted use on this parcel in the existing Planned Development. Under the existing PD the Applicant's parcel, Site A, and the -2- adjacent parcel to the east, Site B, is restricted in use to a bank or savings and loan institution or restaurant. The third and largest parcel,. Site C, is limited to office use for business, administrative or professional services. The Green Store, situated on the Southeast corner of Dublin Boulevard and Donlon Way consists of 6,250~ sq. ft. of floor area. The restoration and preservation of the building was required by the general provisions for the Planned Development approved by the Alameda County Board of Supervisors in September, 1978. As a result of the condition of approval requiring authentic restoration of the Green Store a covered porch was required. On AprilS, 1982 the City Council approved an abandonment of the portion of Dublin Boulevard in front of the Green Store as the porch encroached within the right of way (see attached minutes, Attachment 8 of November 2, 1987, Planning Commission Staff Report). The property owner, Mr. Nichandros, Crest Enterprises, Inc., made a number of physical modifications (architecture, site plan, landscaping) to the Green Store which were inconsistent with previous approvals. On November 22, 1982, the City Council resolved the matter by 1) removing the Stop Work Order, 2) approving the as.builts, 3) required compliance with the general provisions for the Planned Development, and 4) maintained the parking and access require- ments. The Applicant's parcel contains 29 on-site parking spaces and shares reciprocal ingress, egress, and parking easements with Sites Band C. The total number of parking spaces provided for the three sites is 483~. The New Ewe proposes to occupy approximately 3.280~ square feet of floor area within the Green Store building. The New Ewe is proposed as a women's health club offering aerobic classes, personal care programs, and a beauty and tanning salon for members. The specific uses for the remaining floor area is undetermined at this time. However, Crest Enterprises indicates the area formerly occupied as a bar will likely continue as a bar. While the basement area (approximately 1,960~ square feet of floor area) is currently vacant, Crest Enterprises anticipates this area will be used as medical offices if the rezoning is approved. The existing Heritage Park Planned Development is similar in character and use to the C-O, Administrative Office District as it is primarily a Professional Office District with limited commercial retail use permitted. The Applicant's proposal modifies the C-O District character of the Green Store parcel to allow limited retail uses, permitting office uses (medical offices, banks), limited personal service retail uses (beauty salon, tanning salon) and recreation facility (health club). The Planning Commission considered the Applicant's request at the November 2, 1987, and November 16, 1987, Planning Co~~ission meetings. At the November 16th meeting the Commission adopted a Resolution recommending the City Council approve the Ordinance and general provisions for the rezoning to permit the medical office, beauty and tanning salons, and health club. The Applicant's original application considered by the Planning Commission included a request to allow a massage therapist. The Planning Commission recommended denial of the massage therapist, finding the use was not compatible with the C-Q District. The massage therapist is no longer under consideration as the Applicant, subsequent to the Planning Commission's recommendation, withdrew the request to include a massage therapist as a permitted use in the Planned Development Rezoning. The Applicant's proposal has been reviewed by other City agencies and conditions of approval are included within the general provisions. In particular the Building Department has noted that some construction on the site has occured without obtaining building permits. Zoning Investigation has also noted that the Applicant has attempted to occupy the site prior to securing the needed zoning district change and related permits including, but not limited to, building permits. -3- Staff recommends that the City Council take the following actions: 1. Adopt the Resolution adopting the Negative Declaration (Exhibit A). 2. Adopt the Resolution establishing findings and general provisions (Exhibit B). 3. .Waive the reading and introduce the Ordinance amending the Zoning Ordinance (Exhibit C). 4. Direct that the Ordinance be brought back for second reading at the December 21, 1987, City Council meeting. -4- RESOLUTION NO. - 87 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ---.-------------------------------------------------------------------_.----- ADOPTING A NEGATIVE DECLARATION OF ENVIRONMENTAL SIGNIFICANCE CONCERNING PA 87-127 CREST ENTERPRISES. INC.jTHE NEW EYE 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 is one of three parcels currently zoned PO, Heritage Park Planned Development, 1362 Zoning Unit (Z.U.); and WHEREAS, the rezoning request has been initiated by the three affected property owners within PD 1362 Z.U.; and WHEREAS, the California Environmental Quality Act (CEQA), as amended together with the State's Administrative Guidelines for Implementation of the California Environmental Regulations, requires that certain projects be reviewed for environmental impact and that environmmental documents be prepared; and WHEREAS, a Negative Declaration of Environmental Significance has been prepared for PA 87-127; and WHEREAS, the Staff Report was submitted recommending that the Planning Commission recommend that the City Council rezone the property to a PD, Planned Development District allowing banks, savings and loan institutions, restaurant, medical offices, health club/fitness center, and tanning and beauty salons. WHEREAS. the Planning Commission did review the Negative Declaration of Environmental Significance and considered it at a public hearing on November 2, 1987, and November 16, 1987; and WHEREAS, the City Planning Commission determined that the PD Rezoning, PA 87-127, will not have any significant environmental impacts; and WHEREAS, on November 16, 1987, the Planning Commission adopted Resolution No. 87-074 recommending the City Council adopt a Negative Declaration of Environmental Significance concerning PA 87-127 Rezoning; and WHEREAS, the City Council reviewed and considered all reports, recommendations and testimony relating to the Negative Declaration for FA 87-137 at a public hearing on December 14, 1987; NOY. THEREFORE, BE IT RESOLVED THAT THE Dublin City Council finds that the Negative Declaration of Environmental Significance has been prepared and processed in accordance with State and Local Environmental Law and Guideline Regulations, and that it is adequate and complete. PASSED, APPROVED &~D ADOPTED this 14th day of December, 1987. AYES: NOES: ABSENT: Mayor ATTEST: City Clerk -;-' -"'""'\'":---:::1 : .,j j .', ,oJ .'J d 1'~@;1~ t-i~ 1't.-1't-i1 {i~~~JC:r A RESOLUTION NO. - 87 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ESTABLISHING FINDINGS AND GENERAL PROVISIONS FOR A PO, 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 PO, 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 tescimony 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 provis'ions for PD Rezoning for PA 87-127; and WHEREAS, this application has been reviewed in accordance with the prov~s~ons of the California Environmental Quality Act and the City Council adopted a Negative Declaration of Environmental Significance (City Council Resolution No. - 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 PO, 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 City Council reviewed and considered all reports, recommendations and testimony concerning the Planned Development Rezoning request at a public hearing on December 14, 1987; NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin City Council does hereby find that: 1. Rezoning the property to a PO, Planned Development District to expand the existing uses to allow medical offices, health club/fitness center and tanning and beauty salon uses, in addition to the banks, savings and loan institutions and restaurant currently permitted, will be appropriate for the subject property in terms of providing a range of permitted uses which will be compatible to existing land uses in the immediate vicinity and which will conform to the General Plan land use designation. -1- '~"I~n~1~1T 13 ".. j,;' ~...~~ l1"'~n-'"t.."7 '''l.~lf-8' ........rT 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: 1. PA 87-127 PO, Planned Development District is established to 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 permitted uses compatible with the existing Heritage Park office complex and with the surrounding residential and retail uses. Uses and development of property within this PO, 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. Specific uses permitted in the PA 87-127 PO, Planned Development District are limited to the following uses: a) Financial Institutions Including banks and savings and loans b) Restaurant c) Medical Offices d) Service Commercial - Limited to beauty salon, tanning salon, barber shop e) Health Club/Fitness Center 3. Massage establishments or services shall be a prohibited use in PA 87-127 PO, Planned Development District except as specifically exempted under the City's Ordinance regulating massage establishments and services (Ordinance No. 2-87). 4. PA 87-127 PO, Planned Development shall be subject to all applicable provisions of the l362nd Zoning Unit, Alameda County, Exhibit C, approved September 19, 1978, by the Board of Supervisors (Ordinance No. 2-87). 5. 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. 6. Prior to establishment of use the Applicant shall a) remove all plant material from the sidewalk along Donlon 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. 7. Prior to establishment of use the Applicant shall remove the storage shed built without permits located on the east portion of the lot. 8. Prior to establishment of use, the Applicant shall secure all required City permits, including, but not limited to, zoning approval and building permits. 9. The Applicant shall submit revised C.C. & R. 's as necessary for review and approval by the City Attorney and Planning Director. 10. Any exterior 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. -2- 11. 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 Creen Store and shall be similar to and compatible with the professional office uses. PASSED, APPROVED AND ADOPTED chis l4ch day of December, 1987. AYES: NOES: ABSENT: Mayor ATTEST: City Clerk -3- ORDINANCE NO. - 87 AN ORDINANCE OF THE CITY OF DUBLIN AMENDING THE ZONING ORDINANCE TO PERMIT THE REZONING OF REAL PROPERTY LOCATED AT THE SOUTHEAST CORNER OF DONLON YAY AND DUBLIN BOULEVARD The City Council of the City of Dublin does ordain as follows: Section 1 Chapter 2 of Title 8 of the Dublin Ordinance Code is hereby amended in the following manner: Approximately .54 acres consisting of lands fronting along the southeast corner of Dublin Boulevard and Donlon Way, more specifically described as Assessor's Parcel Number 941-1550.4 (11873 Dublin Boulevard) is rezoned from the 1362nd Zoning Unit to a PO, Planned Development District, permitting banks, savings and loan institutions, restaurant, medical offices, beauty salon, tanning salon and health club/fitness center, FA 87-127 - Crest Enterprises/The New E~e, as shown on Exhibit A (Negative Declaration of Environmental Significance), and Exhibit B (Approval, Findings and General Provisions of the PO, Planned Development Rezoning) on file with the City of Dublin Planning Department, is hereby adopted as regulations for the future use, improvement, and maintenance of the property within this District. A map depicting the rezoning area is outlined below: ------- --- --- 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 Councilmembers voting for and against the same, in The Herald, a 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 1987, by the following votes: AYES: NOES: ABSENT: Mayor ATTEST: City Clerk ." ~7)r~ C- . ,'\ 1 ~ 1"~'~i~ 2.~"' 1"Z.-llf-87ll.~~1(f" "Dont on wo...'( II ;$9 6Y ft. Joh 116fJo IL, : . . .,' :/0cvo I;~::: ~ ~o (~ ~ . ~~ '~~~ ~,,' 00 , \~~ ,] 10 . . ~1t, (j: t;:=l;r- 1 ! j) ?)-:\ 0: II ' I . !JY ;1' 0' 1 i ' ,-- l ' 0 ': . I II 6' ~ o.l;i ~ j i' :1 . v I 0' "1' , ",y 00:: II.:! lil!', AU ".' 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RESOLUTION NO. 87 - 074 A RESOLUTION OP THE PLANNING COMMISSION OF THE CITY OF DU8LIN -------_.-.--------------------------------._--------------------------------- RECOMMENDING THAT THE CITY COUNCIL ADOPT A NEGATIVE DECLARATION OF ENVIRONMENTAL SIGNIFICANCE CONCERNING PA 87-127 CREST ENTERPRTSES, INC./THE NEY EYE PLANNED DEVELOPMENT (PD) REZONTNG APPLICATION WHEREAS, Cynthia Ingalls, representing The New E~e. 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 is one of three parcels currently zoned PO, Heritage Park Planned Development, 1362 Zoning Unit (Z.U.); and WHEREAS, the rezoning request has been initiated by the three affected property owners within PD 1362 2.U.; and WHEREAS, the California Environmental Quality Act (CEQA), as amended together with the State's Administrative Guidelines for Implementation of the California Environmental Regulations, requires that certain projects be revie~ed for environmental impact and that environmmental documents be prepared; and WHEREAS, a Negative Declaration of Environmental Significance has been prepared for PA 87-127; and WHEREAS, the Staff Report was submitted recommending that the Planning Commission recommend that the City Council rezone the property to a PD, Planned Development District allowing banks, snvings and loan institutions, restaurant, medical offices, health club/fitness center, and tanning and beauty salons. WHEREAS, the Planning Commission did review the Negative Declaration of Environmental Significance and considered it at a public hea~ing on November 2, 1987, and November 16, 1987; and WHEREAS, the City Planning Commission determined that the PD Rezoning, FA 87-127, will not have any significant environmental impacts; NOW, THL~FORE, BE IT RESOLVED THAT THE Dublin Planning Commission recommends that the City Council find that the Negative Declaration of Environmental Significance has been prepared and processed in accordance wit~ State and Local Environmental Law and Guideline Regulations, and that it is adequate and complete. PASSED, APPROVED ~~D ADOPTED this 16th day of November, 1987. AYES: Commissioners Burnham, Mack, Tempel and Zika NOES: None ABSE..~T : Commissioner Barnes ATTEST: Planning h ITACHM~NT "{ .. 'P~'D1- \"2.7 't.t.. ~e-so. ~(' N.l:>. -. / RESOLUTION NO, .7 - 075 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN ~----------_..__._------------------------..._---....------------------------- RECOMMENDING THE CITY COUNCIL ADOPT AN ORDINANCE AND ESTABLISH 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 Ne~ E~e. 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 (ft~N 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 PO 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, this application has been reviewed in accordance with the provisions of the California Environmental Quality Act and the Planning Commission recommended the City Council adopt a Negative Declaration of Environmental Significance (Planning Commission Resolution No. 87 - 074) for this project, as it will have no significant effect on the environment; and WHEREAS, the Staff Report was submitted recommending that the Planning Commission recommend 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 WHERL~S, the Planning Commission heard and considered all said reports, recommendations and testimony herein above set forth; and w~EREAS, rezoning the property to a PD, Planned Development District to expand the existing uses will be appropriate for the subject property in terms of providing a range of permitted uses which will be compatible to existing land uses in the immediate vicinity and which will conform to the General Plan land use designation; and WHEREAS. 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; and WHEREAS, the rezoning will not overburden public services; and NOY, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission does hereby recommend that the City Council adopt an Ordinance approving the PO, Planned Development Rezoning request subject to the following general pro'\'isions: 1. PA 87-127 PO, Planned Develoment District is established to expand the permitted uses approved for 11S73 Dublin Boulevard (the Green Store parcel. APN 941-1550-4) of the l362nd Zoning Unit, and to establish permitted uses compatible with the existing Heritage Park office complex and with the surrounding residential and retail uses. Uses and development of property -1- A IT ACHMENT_!:.~. 1'A 2>1- n. '7 '.e. Rc.~ fe..,,-:c:__.. within this PD, Planned Development Dis~rict shall be subject to the provisions of the C-O District except as modified through the General Provisions for PA 87-127. 2. Specific uses permitted in the FA 87-127 PD, Planned Development District are limited to the following uses: a) Financial Institutions Including banks and savings and loans b) Restaurant c) Medical Offices d) Service Commercial . Limited to beauty salon, tanning salon, barber shop e) Health Club/Fitness Center 3. Massage establishments or se~/ices shall be a prohibited use in PA 87-127 PO, Planned Development District except as specifically exempted under the City's Ordinance regulating massage establishments and services (Ordinance No. 2-87). 4. FA 87-127 PO, Planned Development shall be subject to all applicable provisions of the 1362nd Zoning Unit, Alameda County, Exhibit C, approved September 19, 1978, by the Board of Supervisors (Ordinance No. 2-87). 5. 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 windo~s and steel door bars with padlock to secure doors during non-business hours subject to Police Department approval. 6. Prior to establishment of use the Applicant shall a) remove all plant material from the sidewalk along Donlon Yay 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. 7. Prior to establishment of use the Applicant shall remove the storage shed built without permits located on the east portion of the lot. 8. Prior to establishment of use, the Applicant shall secure all requirec City permits, including, but not limited to, zoning approval and building permits. 9. The Applicant shall submit revised C.C. & R.'s as necessary for review a~c approval by the City Attorney and Planning Director. 10. Any exterior modification, addition, alteration, or accessory structure shall reflect and be consistant and compatible with the historic nature of the Green Store, and shall be subject to Site Development Review approval. 11. All new and existing signage shall be subject to a sign program that snQl1 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 &~D ADOPTED this 16th day of November, 1987. AYES: Commissioners Burnham, Tempel and Zika NOES: Commissioner Mack ~ ABS~~T: Commissioner Barnes ATTEST: -2- CITY OF DUBLIN PLANNING COMMISSION AGENDA STATEMENT/STAFF REPORT Meeting Date: November 16. 1987 SUBJECT: Planning Commission V.JJ3~ Planning Staff if PA 87.127 Crest Enterprises and The New Ewe Planned Development Rezonin~. 11873 ,11891 and 11875-11887 Dublin Boulevard. TO: FROM: GENERAL INFORMATION: PROJECT: A .request for a Planned Development Rezoning initiated by the affected property owners to expand the permitted uses within a portion (APN 941-1550-4) of the existing Heritage Park Planned Development, 1362 Z.U. (APN 941-1550-4, 941-1550-3 and 941-1550-5). The proposed expanded uses include medical offices and labs, health spa; massage therapist, and beauty and tanning salon in addition to the bank, savings and loan, and restaurant uses currently permitted on the site. APPLICANT/REPRESL~ATIVE: Cynthia Ingalls 3211 Crow Canyon Place, Suite 279 San Ramon, CA 94583 PROPERTY OWNERS: Crest Enterprises, Inc. Box 956 Oakland, CA 94604 Portobello Investors & Portobello-Chase Investors c/o Marvin E. Poer & Company 221 East Walnut Street, #242 Pasadena, CA 91101 Dambrosio Bros. Investment Co. 1228 Reemwood Avenue Sunnyvale, CA 94086 LOCATION: 11873 Dublin Boulevard ASSESSOR PARCEL NUMBER: 941-1550-4 PARCEL SIZE: .54 Acre GENERAL PLAN DESIGNATION: r- Retail office EXISTING ZONING AND lh~D USE: PO - Planned Development District 1362nd Zoning Unit covering APN's: 941-1550-4; 941-1550-3; 941-1550-5; totaling approximately 8.0~ acres. Office complex and vacant restaurantjbar. ., .. ... ... tA0!-I~'7 ~!TAC~7~clNLo~" . IT!:.'! NO. ~.I r ',. SURROUNDING LAND USE AND ZONING: North - East . South - West - R-S-D-20 - Multi-Family Residential Use PO - Restaurant PO - Office Complex C-l - Retail Commercial Center ZONING HISTORY: September.19, 1978: Alameda County Board of Supervisors approved PO, Planned Development 1362nd Zoning Unit permitting banks. savings and loan or restaurant uses on Sites A and B (APN 941-1550-4 and 941-1550-3), and permitting business, aamlnistrative and professional office uses on Site ~ (APN 941-1550-5), November 20, 1978: Alameda County Planning Commission approved the preservation of restoration plan for the Green Score. April 5, 1982: Dublin City Council adopted Resolution No. 17-82 vacating a portion of Dublin Boulevard adjacent to Green Store. November 22, 1982: Dublin City Council resolved Green Store modifications which were made contrary to planning conditions of approval and without building permits. August 3D, 1983: Dublin Planning Director approved PA 82-032 freestanding sign for the site. APPLICABLE REGULATIONS: Section 8-31 to .19 of the City's Zoning Ordinance establishes the intent of Planned Development Districts and establishes the procedures for processing Planned Development Rezoning. Section 8-103.1 of the City's Zoning Ordinance states: "An amendment may be initiated by resolution by the Board of Supervisors or of the Planning Commission. In the case of a proposed reclassification of property, amendment also may be initiated by a petition. When such amendment is initiated by petition, the petition shall be signed and verified by the owner of the property affected by the proposed change." ENVIRONMENTAL REVIEW: The City proposes to adopt a Negative Declaration of environmental significance which finds the project will not have a significant impact on the environment. NOTIFICATION: Public Notice of the November 16, 1987, hearing was published in The Herald, mailed to adjacent property owners, and posted in public buildings. BACKGROUND: This item was continued from the November 2, 1987, Planning Commission meeting. At that meeting the Commission directed Staff and the Applicant to contact all affected property owners to consider initiating the rezoning petition. In compliance with this. direction, a realtor for the property contacted the two other property owners and submitted the required applications on November 3, 1987. Staff subsequently provided the public notice for the November 16, 1987, Planning Commission meeting. -2- .,.'r.... '.J... ...,....-.., '~,4r,~~!I'~!llt~,i~r~i,!s;~~1t1,'.' ANALYSIS: -- ." .-' ..- " " The Applicant's request is to rezo~e'one of three parcels of property in the Heritage Park Planned Development District (see Staff Report dated November 2, 1987, Attachment #3). A Planned Development District "is a special zoning district that affects all of; the property in that district; A request to rezone one parcel within a Planned Development ,District affects all other parcels within the same Planned Development District;"~-The'Zoning Ordinance> provides for a rezoning to be initiated"~y resolution of 1) the' City Council or 2) the Planning Commission. or 3) by petition'of all of the 'affected property owners. In compliance with 'option 3), -~the three _affected property owners within the existing PD District have ~iled applications requesting the rezoning of the Green Store parcel (Slte.~,~~ ?4l-~~50-4).~~ As noted in the Staff Report of November 2, 1987. the proposed uses (with the exception of the massage establishment) are compatible with the . surrounding office, retail and residential uses. Massage establishments in the City of Dublin require approval of a Conditional Use Permit within the C-l (Retail Business) District and approval of a police permit. Massage establishments are not permitted in any other district. Staff recommends that massage establishments continue to be restricted to the C-l District subject to the approval of a Conditional Use Permit. The proposed uses (medical offices, health club/fitness center) and the existing development of the property represent a modified c-o District (Administrative Office District). A massage establishment is not compatible with the C-O District character of the Planned Development. Staff recommends that massage establishments not be permitted in this Planned Development except as specifically exempt in City of Dublin Ordinance 2-87 regulating massage establishments and services. RECOMMENDATION: FORMAT: 1) 2) 3) 4) 5) Open public hearing and hear Staff presentation. Take testimony from Applicant and the public. Question Staff, Applicant and the public. Close public hearing and deliberate. Adopt Resolutions relating to Planned Develoment rezoning, or give Staff direction and continue the matter. ACTION: Staff recommends the Planning Commission take the following ac tions : 1) Adopt Resolution recommending the City Council adopt a Negative Declaration of Environmental Significance for PA 87-127. 2) Adopt Resolution recommending the City Council adopt an Ordinance establishing findings and general provisions for PD rezoning PA 87-127. ATTACHMENTS: Exhibit A: Draft Resolution relating to Negative Declaration for PA 87-127 Exhibit B: Draft Resolution relating to Planned Development Rezoning and General Provisions Background Attachments: 1. Location Map 2. Draft Ordinance Amending Zoning Ordinance relating to PA 87-127 3. Planning Commission Staff Report dated November 2, 1987, with Attachments -3. (- .". . ':/-: . RESOLOTION NO, 87. A RESOLUTION OF THE ,FLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING THAT THE CITY COUNCIL ADOPT A NEGATIVE DEClARATTON OF ENVIRONMENTAL SIGNIFICANCE CONCERNING FA 87-127 CREST ENTERPRISES, INC.jTHE NEY 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 is one of three parcels currently zoned PO, Heritage Park Planned Development, 1362 Zoning Unit (Z.U.); and WHEREAS, the rezoning request has been initiated by the three affected property owners within PD 1362 Z.U.; and WHEREAS, the California Environmental Quality Act (CEQA), as amended together with the State's Administrative Guidelines for Implementation of the California Environmental Regulations, requires that certain projects be reviewed for environmental impact and that environmmental documents be prepared; and WHEREAS, a Negative Declaration of Environmental Significance has been prepared for PA 87-127; and WHEREAS, the Staff Report was submitted recommending that the Planning Commission recommend that the City Council rezone the property to a PD, Planned Development District allowing banks, savings and loan institutions, restaurant, medical offices, health club/fitness center, and tanning and beauty salons. WHEREAS, the Planning Commission did review the Negative Declaration of Environmental Significance and considered it at a public hearing on November 2, 1987, and November 16, 1987; and WHEREAS, the City Planning Commission determined that the PD Rezoning, PA 87-127, will not have any significant environmental impacts; NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission recommends that the City Council find that the Negative Declaration of Environmental Significance has been prepared and processed in accordance with State and Local Environmental Law and Guideline Regulations, and that it is adequate and complete. PASSED, APPROVED AND ADOPTED this 16th day of November, 1987. AYES: NOES: ABSENT: Planning Commission Chairperson ATTEST: Planning Director '11!';(,7~?J~1.s-tc.-s;" R~R\ - <. [,J "-';\~1 f\ : ::~\ ~ ~:~~~~ ~.'. ~."j,,~ J~;EI~ '1AtOl'11.1 ' N'O ~v.kc>" (~, ( RESOLUTION NO, 87- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN -------.-------------------.....-------...---..----...---.------------------.- RECOMMENDING THE CITY COUNCIL ADOPT AN ORDINANCE AND ESTABLISH FINDINGS AND GENERAL PROVISIONS FOR A PD, PLANNED DEVELOPMENT REZONING CONCERNING PA 87-127, CREST ENTERPRISES, INC.jTHE NEW EYE 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 PO, 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 PO 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, this application has been reviewed in accordance with the provisions of the California Environmental Quality Act and the Planning Commission recommended the City Council adopt a Negative Declaration of Environmental Significance (Planning Commission Resolution No. 87 - ) for this project, as it will have no significant effect on the environment; and WHEREAS, the Staff Report was submitted recommending that the Planning Commission recommend that the City Council rezone the property at 11873 Dublin Boulevard to a PO, 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 Planning Commission heard and considered all said reports, recommendations and testimony herein above set forth; and WHEREAS, rezoning the property to a PO, Planned Development District to expand the existing uses will be appropriate for the subject property in terms of providing a range of permitted uses which will be compatible to existing land uses in the immediate vicinity and which will conform to the General Plan land use designation; and WHEREAS, 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; and WHEREAS, the rezoning will not overburden public services; and NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission does hereby recommend that the City Council adopt an Ordinance approving the PO, Planned Development Rezoning request subject to the following general provisions: 1. PA 87.127 PO, Planned Develoment District is established to expand the permitted uses approved for 11873 Dublin Boulevard (the Green Score parcel, APN 94l-l550~4) of the 1362nd Zoning Unit, and to establish permitted uses compatible with the existing Heritage Park office complex and with the surrounding residential and retail uses. Uses and development of property -1- ..;,l\~ti~~lTC- '5113>+\=:(.:' ~e"Po~T ;' "'h:'<""~T .' \. f1 "t'-; i,; ~1 . "";,,,-u,.,dJ ';..I, H"_ I "fA 57'11...'7 ~A~"~"!~ ~ ~~~ r n within this PO, Planned Development District shall be subject to the provisions of the C-Q District except as modified through the General Provisions for PA 87-127. 2. Specific uses permitted in the PA 87.127 PO, Planned Development District are limited to the following uses: a) Financial Institutions Including banks and savings and loans b) Restaurant c) Medical Offices d) Service Commercial . Limited to b~auty salon, tanning salon, barber shop e) Health Club/Fitness Center 3. Massage establishments or services shall'be a prohibited use in PA 87.127 PO, Planned Development District except as specifically exempted under the City's Ordinance regulating massage establishments. and services (Ordinance No. 2-87). 4. PA 87-127 PD, Planned Development shall be subject to all applicable provisions of the 1362nd Zoning Unit, Alameda County, Exhibit C, approved September 19, 1978, by the Board of Supervisors (Ordinance No. 2-87). 5. Prior to establishment of use the Applicant shall comply ~ith 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. 6. Prior to establishment of use the Applicant shall a) remove all plant material from the sidewalk along Donlon Yay 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. 7. Prior to establishment of use the Applicant shall remove the storage shed built without permits located on the east portion of the lot. 8. Prior to establishment of use, the Applicant shall secure all required City permits, including, but not limited to, zoning approval and building permits. 9. The Applicant shall submit revised C.C. & R.'s as necessary for review a~d approval by the City Attorney and Planning Director. 10. Any exterior modification, addition, altera~ion, or accessory structure shall reflect and be consistent and compatible with the historic nature 0: the Green Store, and shall be subject to Site Development Review approval. 11. 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 16th day of November, 1987. AYES: NOES: ABSENT: Planning Commission Chairperson ATTEST: Planning Director -2- -I' , ",-,~~ .' ",'.., ","1("".1"1: ;';':tr_r,/,'._.~~..~.._'h::<;.';;.'.,.:J:~ --;....;--../. ~,.. ~ .-" ""-- "".;< - . 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I , , " : , , I I.~ I H.: T I I i I 1 t I I I I I I n I: I : I I I I .... : : : : ...: : I I I I: : : I \ I I : , , , , , . , , . . , , , , , , \I~ ,-. , \;.- / \.... . .- , "' ~~~,~\ \~,~~P/ '~,," '. \ : , " . , .' , .' , " , " , .' , " , " \, '\~ , ~ , " '\ . ., , " , " , " , " , " , " . " , " , ., , " . , " , , 'I \ \ \ \ \ , ", , I', , \ "" " " \ \ \, \ " . , " . \ \ " .. , \\ \ rJ: n '~V""' .o~ "lrun.. , ~~: :; , < '" CITY OF @ S^NT , [ , ~ f~ ; 0 ; . _-_l..~.. - Ii' ~ . DunLlN IBm ~ 0 c .: ~ .~ ~ "'~"'IT-;O ; j'" ". ~ I....'"~r_.........l ~ ': ~ ~ nlIlU.IH .',...r____.'\ C.UlrnM~1,\ ~~'i;","''>>'' "~':::::;~::.f:;' ;~:(~:~;:2'~:' --. - ~'. -~... :: ., 3:: . -' ) ~-, . ~ \l~0 '\ ~Cl e. 1-' >w. // ... 1-::' /' .,~~ .,- N .-~ .Y\ II~T6-B 1 :Z:,~-s-f4~ ~~' ATTACHMENT r -m 87-Il.' .c_\.~ 1W\...t:> ..2 .~:_~:-::; ,~?- ':':~f~~~ij~i~~;;};:L;j: '~",~;~);':/:~~=f~~-;,'!/:;(,""i,;%k~).;;E~4f:~j~:1.tY-E.~''- !:-.~.- '~ '-, .) r-i!,;J:i~j' 0''':''1'-' ,.'.- . ". ;; '''-' ,,i~,_... '~" Uf<.~~'-;;>-' 'It>.~';tj';~i''.J~ .i(.(,;fJ.!f~.a~,"""~"-,;,,,...'''' '''''';~!iri~r''~;~~~l~~!'~;(. AN ORDINANCE OF THE CITY OF DUBLIN AMENDING THE ZONING ORDINANCE TO PERMIT THE REZONING OF REAL FROPERTY LOCATED AT THE SOUTHEAST CORNER OF ",',: ,>, DONLON YAY AND DUBLIN BOULEVARD ::' "",:".:;::, ' . ~.... . ',' The City Council of the City of ~bli~ doei:"~rdain"as follows: ... - ,......... -",-. . .', ,r .' ':"-'~.'_ -~,.:. :.-,' Section 1 . . -' -' .',~:.,~:~" . '-". -:':':!'-'-",:: ~', ., . Chapter 2 of Title a of the following manner: Dublin~Ord~na~ce' Code is hereby-amended'ln.~he -' Approximately .54 acres consisting of lands fronting along the southeast corner of Dublin Boulevard and Donlon Way, more specifically described as Assessor's Parcel Number 94l~l550~4 (11873 Dublin Boulevard) to a PO, Planned Development District, permitting banks. savings and loan institutions, restaurant, medical offices, beauty salon, tanning salon and health club/fitness center, PA 87-127 ~ Crest EnterprisesjThe New Ewe, as shown on Exhibit A (Negative Declaration of Environmental Significance), and Exhibit B (Approval, Findings and General Provisions of the PO, Planned Development Rezoning) on file with the City of Dublin Planning Department, are hereby adopted as regulations for the future use, improvement, and maintenance of the property within this District. A map depicting the rezoni~~ ~rea, ~s _;_o~~.~i~~4 bel,ow:.. ,: _ , <.,. .. - . . -.J . , I ' ~ ~. '. .... -:-; Section 2 This Ordinance shall take effect and be enforced thirty (30) days from and after its passage. Before the expiration of fifteen (IS) days after its passage, it shall be published once, with the names of the Councilmembers voting for and against the same, in The Herald, a newspaper published in Alameda County and available in the City of Dublin. PASSED AND ADOPTED BY day of the City Council of the City of Dublin, on this 1987, by the following votes: AYES: NOES: ABSENT: Mayor ATTEST: ~1l~i6=il'::vZ51:.~--R~~R::' . "AlT ACHMENlL fA '6?-1J,7 Ot<.j)/!J1lfJcr; City Clerk 11#.l' ~'~'":""'.""""'."'XJ>!!'."Y1~'~1iI"~' ~a. " ,.T'f.2~:)~~lf,"".~~~.t~ l - '" .-.t~,...c-'f.'~_" jt:l',{,/.-:.{jX'ii:l~:.;-~.v:(:11':;~~',' . '~"r7.1'''.-.- :.t;i#;""".,d:lt'(!il'ifl'- -', ,'i.1~' ~ ! ,;;ifm. '1<t'l1'!!!'11.'<t'~" ~f:~~ ~l."t'" I tit:~,~t;I,/'&'''' "-;n'f ..:-,~, ';"''r-I; /)0;1"'"'-"'" ,-, , ......!'" ".:"'Jk\' ~"'~ ehitol. ,I,; <iJI ~-_'..." : ti,""'" I J.4' ',Or,,," '!':-~J.::r" " r.' 41>' ,....0< i'('~' ,.-;r~~~ .,,~,,';tt1lJt.,'f!''i..;;;'l'>t~.,'i' I i " PARCEL SIZE; ..,>-~;~~;.:.. .....,. ~-, '-<~:54' "'-".~ .-' .' :'/~-.: .'-::::::;L.._;..;_. : i;:,:'\';:_~':' ,. l GENERAL PLAN DESIGNATION: ,-,,-,-" - ' -".; . Ret.~il-~office -:'< -~> ::,-::.'':''-,' -..'; EXISTING ZONING AND LAND USE: ". .. '-:.:~:;:':~~>; ;.-":_~:.:.,-,. '.'- ..~~..-. . -..~~:.;:>:~.~. ....::-:~~.;;..~.':,~.. '-. PD-.Planned Developmen~-District 1362nd Zoning Unit~covering' APN's: 941-1550,4; .941-1550-3;'941-1550_5; ..",.totaling'approximately' 8.O:t acres. . -Vacant.Restauran~/Bar . SURROUNDING AND ZONING; LAND USE ,"'..-,,:."":.-, North :East -:.. South -' 'Jest. R-S-D-20 ~_Hulti-Fami1y'Residential Use PD .'..: RestaUrant -'/_~:~;;;("'--,'_" PD - 'Office Complex\::(;':' '.C-l ;. Retail Commercial Center , ZONING HISTORY; . September 19.' 1978:" -::Alameda COU....lty Board of Supervisors approved PD,' Planned Development .1362nd Zoning Unit permitting banks, savings loan or restaurant uses on the property. and '.November20. 1978: : Alameda- County Planning Commission approved the 'preservation of' restoration plan for.theGreen Store. .....:.--t...." ". __. ~:.., '0' ',- ..,. Apri?- 5 ,')~82:. ':" Dub1in'Ci cy>Council adopted .....:Resolu'tion.No./.17-_8~ 'va?'a-~ing a p'ortion of ., ~~;~7'D~blin _Bou~~v~.~~,.._~~jacent..t.~ ..~re~n Store. .': '.f:;\;i':::~:'~..'S::1r-~i';.Ai;:~~i~,:i_i~;~~)::'1i~".' ..' . :,~-,,-.~,I.--"~ilio/~f;';;;;~S);!;8\0:C:::::---~~- ........ .... .".......,'".......,..~._~ ~i;!ATTACHMENT../ . ','- --, "-' ':': '. '. . ,-, ...(.....""'M...;;...j:..'1:.:--".,;d:\:. ."1'''' .. ~:.. ......i..";....~::;:~';;~:~tx;{:gi;)i\)::';,~ii~~~{~i; "OA lH, 11.' . lil~l81 ~W ttt.l"<<- ~~:7i~~;~_:~;[.Xii~-{A~~,:;;~J,..~~\H':J:'~i,):~~~~~\~~t-7~~~~,,~!rmt~ . I ~ 0 '1" . ,...:," ,. J , ";.-.'.~..?:'.~.;.'~.;.'..;.A.t.;.:..~.':~~ir~~:?~~,\:1j//;.P1f;~~~:i~.:.');,:..':.,..~.'~.0.~.~...-.;.'..'.,...;..;.;".:...'...... ,J J ' ,.. ' ,. ".. ':";>.;.;:;::c_:,,0~f;'~;j_:L;-r;\(,: Novembe-r 22,"1982:"{Dub1!n City'cou~c'il :resolved . Green Store-modifications which were made ',contrary to "-planning conditions ,of approval and ,without building permits. ,~,.-::~-;~,',:; August 30. 1983;' ':;'.:Dublin ':Pi~~n~~g Di~ector approved PA 82~032 freestanding sign .for the site. __ APPLICABLE REGULATIONS: ')c:' ','.' ~ Section 8~3l to .19 of the City's Zoning Ordinance establishes the intent of Planned Development Districts and establishes the procedures for processing Planned Development Rezoning. -.- Section 8~l03.l of the City's Zoning Ordinance states: "An amendment may be initiated by resolution by the Board of Supervisors or of the Planning Commission. In the case of a proposed reclassification of property, amendment also may be initiated by a petition. When such amendment is initiated by petition, the petition shall be signed and verified by the owner of the property affected by the proposed change." ENVIRONMENTAL REVIEW: The City proposes to adopt a Negative Declaration of environmental significance which finds the project will not have a significant impact on the environment. :" NOTIFICATION: Public Notice of the November 2,,1987, hearing was published in The Herald, mailed to adjacent property owners. and posted in public buildings. ANALYSIS: The Applicant is requesting approval of a Planned Development Rezoning to expand the types of uses permitted in an existing Planned Development at 11873 Dublin Boulevard (Green Store). The Green SCore sice, situated on a .54 acre parcel is one of three parcels located within an existing Planned Development, Heritage Park (1362nd Z.U.). Under the existing PD the Applicant's parcel, Site A, and the adjacent parcel to the east, Site B. is restricted in use to a bank or savings and loan institution .or restaurant (see attached). The third and largest parcel, Site C, is limited to office use for business. administrative or professional services. The Applicant is requesting that Site A (the Green Store site) be rezoned to include medical offices and labs, health spa/club, massage therapist and beauty and tanning salon uses in addition to the bank, savings and loan institution and restaurant uses currently identified as permitted uses in the existing Planned Development. The Planning Commission should note that the request is to rezone one of three parcels of property in a Planned Development District: A Planned Development District is a special zoning district that affects all of the property in that district. The Zoning Ordinance provides for a rezoning to be initiated by resolution of 1) the City Councilor 2) the Planning Commission, or by petition of 3) all of the affected property o~~ers. At this time, the application has been made by the owner of one of the three affected parcels. The Planning Commission can either a) direct Staff and Applicant to contact all other affected property owners to consider initiating the rezoning, or b) the Planning Commission can initiate the rezoning by petition. In either case, the Planning Commission should continue this item to allow for additional required public notices. The Green Store, situated on the Southeast corner of Dublin Boulevard and Donlon Way consists of 6,250~~~q. ft. of floor area. The restoration and preservation of the building was re9uired by the general provisions for the Planned Development approved by the Alameda County Board of Supervisors in September, 1978. As a result of the condition of approval requiring authentic restoration of the Green Store a covered porch was required. On April 5, 1982 the City Council approved an abandonment of the portion of Dublin Boulevard in front of the Green Store as the porch encroached within the right of way (see attached minutes). -2- ..' ,,", "":lkj!'"~;f~';::Jia~l~kff:!i'j'" The property 'owner, Mr,' Nlchandros ;':'crest 'Enterpr'ises ';: In~'-~' :'made' a' number of physical modifications (architBc,ture,':'site 'plan. ',landscaping) 'to the Green Store which were inconsistent with previous approvds'::':.On November 22. 1982, the City Council~resolved the inatt'er,by''1)~removing 'the':siop'Work~Order;'~: 2) approving the as~builts, 3) required compliance,with:the 'general provisions for the Planned Development, and 4) maintained the ,parking 'and access require~ ments. The Applicant's parcel contains:2~ Dn~site'parking ~paces and shares reciprocal ingress, egress, and parking easements with-_,Sites.B and C" :', The total number of parking spaces provided for the three sites is 483+. ."'.--.,' ' - "- ' . ,-' ,~.. ,"- ,-_-,..~- -,'::,,::,::~..-,;,g.:~",~":_-~.i":~;<'-~ ,: .,.,,;.:.::. ~- . '-, , The existing Heritage Park Planned Development!s : similar "in";character and use to the C~O, Administrative OfficeDistrict'_asit'is primarily,s '_:<':,'-,: Professional Office District with limited,commercial-'retail use permitted. <. The Applicant's proposal (with exception of ;he massage"'establishment) expanCis the c-o District character of the Green S~ore parcel toa very limited C-l ' (Retail Business) District permiting office uses (medical offices, banks), limited personal service retail uses (beauty salon. tanning salon) and recreation facility (health club). Staff concurs with the Applicant's request to permit the medical office, beauty and tanning salons, and health club as the uses, subject to general pr~visions, could be compatible with surrounding office uses, retail uses and residential uses. Massage establishments in the City are regulated by a Police Permit process and the Conditional Use Permit process. The C-l District requires approval of a Conditional Use Permit. Massage establishments are not permitted or conditionally permitted in ~ny other district in the City. The City's Ordinance regulating massage establishments provides an exception from the Police Permit requirement for hospitals. nursing homes, sanitaria, or persons holding an unrevoked certificate to practice the healing arts under the laws of the State of California, or persons working under the direction of any such persons or in any such establishments. Tbe Ordinance also does not require a Police Permit for barbers or cosmetologists lawfully carrying out their particular profession or business and holding a valid, unrevoked license or certificate of registration issued by the State of Califo~ia. Although the Applicant may not be proposing a massage parlor in the common sense of the term, allowing any type of massage establishment other than those specifically exempt from the Police Permit process will result in permitting a use which is not compatible'with the business park character of the Heritage Park Development, or with the character and quality of surrounding uses (residential to the north and retail to the west). Staff recommends that massage establishments not be permitted in this PD District except in conjunction with a medical office or otherwise exempt froc the Police Permit procedure (Section 30 of City of Dublin Ordinance 2-87 regulating massage establishments and massage services, see attached). The Applicant's proposal has been reviewed by other City agencies and conditions of approval are included within the general provisions. In particular the Building Department has noted that some construction on the site has occured without obtaining building permits. Zoning Investigation has also noted that the Applicant has attempted to occupy the site prior to securing the needed zoning district change and related permits including, but not limited to, building permits. RECOHI.'1ENDATION: FORHAT: 1) 2) 3) 4) 5) Open public hearing and hear Staff presentation. Take testimony from Applicant and the public. Question Staff, Applicant and the public. Take action regarding initiation of rezoning. Continue public{~earing. -3- ".' :.J :r.f'-i:' ~:;.'" T I "1.(-";':'. >,;:" ";1 ! f' . ," ,"'-' 71-:t{J ~"~.:{,... .,.;-;,).'.......p~r '.' ~..... ',;,.:. . -_ ...:;"' ')'f1'.~''!- }'r';..~:.,-:r;.J.,;:;';:-:-r;.rJ1;.~J~.~;;r:hrnMn 1f:;{,-.'!--;:i.:"-n<~:f.:I7:..,:; ~'!l"i~.; ;".' ~1":X;'l;'r'1'1~~':~7~.I.~~I"'~)r:..'i .1J.j'l."'Ji::;r Ff...tr.:"40?...'~+.r....~.~~ -'/) .~1> r~' ,-.: ,. ):if,:1;J~~~~1,~c~X:!;~-':;~~~~&;&:~1;~~~t!}~;~'YfjA~Y~;. :~~;.:; Staff recomniends the ~l~~:li~g _~orluuis~l~~'-~'.a~;~ :'~he . fo1,lowing ":: .: ae tlans : ':~>~~' :,0 :i;~' :~;>'-;.::'(~<::~~it;~~~:':::~':~~\~;;~;:':.Si~jX0>:~i-. '~~ .:;:., -~'~ . .1)! . Consider -whether ::or 'nol-:to ';8.) :'direct ~St'aff"il.tid- the-Applicant-'-- to contact all other affected property owners to -consider initiating the rezoning'by"peti;lon-"" or b) initiate the ',. rezoning by Planning 'Commission Resolution'.:':'- . . t,_:., -. " ..'> ACTION: , ; ... ':. .\..~'~.;, ';r'"" ;.~ Staff to provid,e -additional 2) Continue the item in order for required:,publiC notices. c,. ATTACHMENTS: Exhibit A: Draft Resolution Initiating Rez~ning Exhibit B: Draft Resolution relating to Planned Development Rezoning and General Provision Background Attachments: 1. Location Hap 2. Applicant's ~ritten Statement/ Application 3. Site Plan Heritage Park 4. Site Plan Green Store 5. Floor Plans 6. Exhibit C General Provisions l362nd Z.U, 7. City of Dublin Resolution 17-82 relating to abandonment of portion of Dublin Boulevard adj acent to Green Store 8. Portion of Minutes from AprilS, 1982, City Council Meeting 9. Portion of Minutes from November 22, 1982, City Council Meeting 10. November 22, 1982, City Council Agenda Statement vith November 19, 1982, Memorandum from Planning Director 11. City of Dublin Ordinance No. 2-87 ..'. -4- i' ( RESOLUTION NO, 87- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIll ...... " . ;-~ ~-_.._-----------_.__.-_._--------_..__.._-;---------------------------------- INITIATING A PD, PLANNED DEVELOPMENT REZONING CONCERNING PA 87-1Z7, CREST ENTERPRISES, INC.fTHE HEY EWE PLANNED DEVELOPMENT (PD) REZONING APPLICATION AND EXISTING PD, PLANNED DEVELOPMENT 136ZND ZONING UNIT 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, Crest Enterprises, Inc., Property Owner of APM 941-1500-4, has submitted ~ petition to initiate rezoning of existing PD, Planned Development 1362nd Zoning Unit; and WHEREAS, the existing PD, Planned Development 1362nd Zoning Unit affects ~~o other properties (AP~l's 941-1550-3 and 941-1550-5) in addition to APN 941-1550-4, a total.of approximately ~.O~ acres; and WHEREAS. the Zoning Ordinance provides that rezoning may be initiated by resolution of the City Councilor the Planning Commission, or by petition of all affected property owners; and WHEREAS, all of the property owners affected by the existing PD, Planned Development 1362nd Zoning Unit have not submitted a petition initiating the rezoning; NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission finds that it would be reasonable to consider the rezoning of the three properties from PD 1362nd Zoning Unit to PD 1362nd Zoning Unit and PD PA 87-127; and BE IT FURTHER RESOLVED TEAT THE Dublin Planning Commission hereby initiate said rezoning. PASSED, APPROVED AND ADOPTED this 2nd day of Nove~ber. 1987. AYES: NOES: ABSENT: Planning Commission Chairperson ATTEST: Planning Director " -':.', . ((- 2-811'.c...5-t<....\;" E::'qor<': . EXHiBIT L r;~ (> RESOLUTION NO, 87- A RESOLUTION OF THE PLANNING COllHISSION . OF THE CITY OF DUBLIN : " ,',". ... ,_, ~ "'J .--_..-...--_..-_...--_..._--_...---_...._-~.._----..-----..------------------ RECOMMENDING THE CITY COUNCIL ADOPT AN ORDINANCE AND ESTABLISH FINDINGS AND GENERAL PROVISIONS FOR A PD, PLANNED DEVELOPMENT REZONING CONCERNING PA 87-127, CREST ENTERPRISES. INC,jTHE HEY EYE 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, the Planning Commission did hold a public hearing on November 2, 1987; and WHEREAS. proper notice of said public hearing was given in all respects as required by law; and WHEREAS, this application has been reviewed in accordance with the provisions of the California Environmental Quality Act and the Planning Commission recommended the City Council adopt a Negative Declaration of Environmental Significance (Planning Commission Resolution No. 87 - ) for this project, as it will have no significant effect on the environment; and WHEREAS. the Staff Report was submitted recommending that the Planning Commission recommend 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, and tanning and beauty salon uses; and WHERL\S. the Planning Commission did hear and consider all said reports, recommendations and testimony herein above set forth; and WHEREAS. rezoning the property to a PO, Planned Development District to expand the existing uses will be appropriate for the subject property in terms of providing a range of permitted uses which will be compatible to existing land uses in the immediate vicinity and which will conform to the General Plan land use designation; and WHLP...E.AS, 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; and WHERL~SJ the rezoning will not overburden public services; and NOY. THEREFORE. BE IT RESOLVED THAT THE Dublin Planning Commission does hereby recommend that the City Council adopt an Ordinance approving the PD, Planned Development Rezoning request subject to the following general provisions: 1, PA 87.127 PO, Planned Develoreent District is established to expand the permitted uses approved for 11B73 Dublin Boulevard (the Green Store pa~cel, APN 941-1550.4) of the l362nd Zoning Unit, and to establish permitted uses compatible with the existing Heritage Park office complex and with the surrounding residential and retail uses. Uses and development of property within this PO, Planned Development District shall be subject to the provisions of the C.Q Distric~except as modified through the General Provisions for PA 87-127. .' -1- 1'.c. STt\~~ Re:po~ II{Z/ EXHIBiT D t, (- 2. Specific uses permitted in the PA 87.127 PO, Planned Development District are limited to the following uses: a) Financial- Institutions -Including hanks and "savings and loans' ....,..- b) Restaurant c) Medical Offices d) Service Commercial . Limited to b~a~ty salon, tanning salon, barber shop e) Health Club/Fitness Center 3. Massage establishments or services shall be a prohibited use in PA 87-127 PO, Planned Development District except as specifically exempted under the City's Ordinance regulating massage establishes and services (Ordinance. No. 2-87). 4. PA 87-127 PO, Planned Development shall be subject to all applicable provisions of the 1362nd Zoning Unit, Alameda County, Exhibit C, approved September 19, 1978, by the Board of Supervisors (Ordinance No. 2-87). 5. 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. 6. Prior to establishment of use the Applicant shall a) remove all plant material from the sidewalk along Donlon Yay 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. 7. Prior to establishment of use the Applicant shall remove the storage shed built without permits located on the east portion of the lot. 8. Prior to establishment of use, the Applicant shall secure all required Cicy permits, including, but not limited to, zoning approval and building permits. 9. The Applicant shall submit revised C.C. & R.'s as necessary for review anc approval by the City Attorney and Planning Director. 10. Any exterior 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. 11. 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 1L~D ADOPTED this 2nd day of November, 1987. AYES: NOES: ABSENT: Planning Commission Chairperson ATTEST: ,', Planning Director -2- ( " "',. ,.~, , , , , , , , ., , , , , 3: , ... \,-;:0', "'\ :0.'" ~l~/ ,..7 ~/'~' () n ' .. 1-.1 ..~. 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Box 2340 Dubl;n, CA 94568 Planning Departlrent 6500 Dublin Blvd. Suite D Dublin' CA 94568 .,,'..' '"''.''' RECEIVED 5~F i ~ 1m (415) 829-4600 (415) 829-4916 Eft.: 1/84 PLANNING APPLICATION FORM DUBUN PLANNING. Notes to Applicant: . ." . * Please discuss your prcposal mth Staff pr~or to carpleting the Plann.i.ng Applicaticn form. * All items related to your specific type of application must be caroleted. * Since this is a carprehensive application form~ sore ,of the items inight not apply to your specific application. * Please print or type legibly. d * Attach additional sheets if necessary. tjJ;;;(,t)()O ~ ~ <(; Z- L AUTHORIZATION OF PROPERTY OYVNER A. PROPERTY CWNER: In signing this application, I, as prq::.e..."'ty a..mer, have full lecal capacity to, and hereby do,authorize the filing of this applicaticn. I .unCerst.ir.d . that conditions of approval are binding. I agree to be 1:ound by t.l-..ose conditicns, subj~ only to the right to object at tr.e hearings or Curing the 2.::-"'F€al pericd. 'Nare: ('R?ST t:NTEt2...Pl<..IS<75 I,,-~ Capacity, Prcpertyo.Tler. - . Address: '1=<""" Cj ""'_ Daytirr.e Phone: '1!.r ~--:F"- Go '7()X (?) { ( ) Signature, o~ Date: 1- //- 8"7 B. APPLIONr THAN PROPERTY O</NER: In signing this c;:plicaticn, I, as 2CDlica.'1t, represent to .have obtained authorization of the prq:erty owner to file t...1U.;: applicaticn. I agree to l::e bound by conditions of approval, subject. only to the right to cbject at the hearings on the a:;plication. If t.JU.s 2F?licaticn has not bee!1 sig;1ed by the prcpe.....rty CWT!.~ 1 I have attc.c::ed separate Ccc..:rre.'1tation of full legal capacity to file tIllS application end agree...'T.€.'1t to ccnditicns of ~prcvall subject onlv to t,;~e right to cbjec at t.!'.e hearings or Curing t:r-.e apFeal p~tiod. - 'Nare: __, '-I-f,./,~ " . _, ",/I", Capacity: ?) . . ?.:?/i r::::...; _;=1..._____ f/;.,.~ Daytirre Fhcr.e: ('f/0 ~~(- <:::1/'5<' c:,~ {;;o;":, E-.mr '., ( ) Signature, r..;:-.__"-- - net.,e, 9-/'/-8") II. CERTIFICATION I certify t.1.at I have t;-:e authorization or the prcperty C'hTIe!." to file tIllS 2pplicatic::. I fur"'"....her certify that t..'-:e informaticn ar:.d e.'dribits scrmitted a=e t.rl.:e 2.:.'1d corre~. Narre: Ac.dress: Capacity: Daytirre Phone: Signature: Date: (OVER) ..... Il-z..-B'l l:c.<;)'f<<-'i;'t:' 1\11 ACHMEN.1 r<:e:poR.1 Z. . , ' , ~: ' ::..~:!.,,::~;,.~,~,~~~,;4/iJ::f'!.::.t:.~;;..;;;~:iJ:.., t-' ., ,. .~. -.., .-. -' f ,.,~. "'_~':::;'.7~'.:.;.'.t;..:-:,/..,t.:.,: -_d_~:.=,~::~,!,::/\:,.,: ~f::-,r:~~.'~,~,'.'..,,.,.. _'?.~;.,',;,~~,.:,~_-~~.-;...';:~',;~,:.'..~_:',..~" - ;.:.'~'.- _ ___ ., ~ ~ .--- .~. - 'iiJ!!.:::~;:/rif.:5:::~.~~:.::~:7J'''' .-:..--: . ,,-,., "" . . I. -. .~~.;.; '.-'-., Q:. '..1- r:p IIi. GENERAL DATA REQUIRED " ,'. fS>.tldress or I.ccation of prOperty: JJ g,C).=? 'j)1,eC{ N' ~IJ.D /)'//':(1 - ~sessor Parcel Number(s): c. site area: E. Existing Use of PrO?'rty: 'i/f I-J <5' ,,-If- D. ,Present Zoning: /l..;--: 7_i>.. ,7- , . Po , F. Zoning and Existing Use Of surrounding Property: Zone E:dsting Uses - North: - SOuth: - East: '- ~~e.~k' I . , , N. TYPE OF APPLICATION Check type of planning F€--rmit(s) l:eing req.:ested: o ACininistrative COnditional Use pe..'I'11li.t o EounCary Adjus","ent ~ion~~~ D Ge.'1eral Plan. ~.me..'1Crre.'1t o Planned Cevelcpre..'1t D other: m::~g o Sign o Site Deve1cp-..ent Revie',i o Subdivision ld..ap o Variance v_ SUBMITTAL REQUIREMENTS A. Planned Develcprrent: (See Planned Develcprrent Rezoning Subnittal Recuirerrents) B. Subdivision tv'.ap: {See Sut:division tv'.ap Sutmittal Res'.rirerents} - C- Any Other Planning Pe..rmit: (see C-",neral Sul:mittal ResW-rerents) VI, PROCESSING (Sea Planning Applicaticn CQ'Iler Letter) VII_ REFERENCE PHONE NUMBERS l-bst questions related to the Planning Application should l:e directed to the Dublin planning Department, hC\.-ever I sore cor:.ce...'llS might be ac.dressed direc'""..J.y by another appropriate cepar-ur.ent or 2.g~cy: 1, City of Dublin: Building Inspection:(415) Engineering: (415) Planning: (415) police, ( 415) 829-0822 829-4916 829-4916 829-0566 2. Dublin san Rar.on se..ryices District Fire: (415) 829-233 rlater, Se\.'e!', Garbage: (415) 828-051 3, Zone 7 AlaIl"eda County FloOd Control: (415) 443-9300 .. i;."' ''-'.~ . '. \ , ': r (-- :~~:'~~~ :',:-; :" ..~/~!:;;,~~:;_;.t.~~:::~';;{4~t;/;!..:r' ';.';~~;::;~~iA.~~:~~':~'0>:_i.i,~ ~ . . # :T"'" .......~ @ .. ..i!%i;~!&f~.ft;~!:~;W~~; .'.-.. .The- New Ewe is a health-- aerobic.club'with.'a:~upel"'vised '.play 'room ~'<;.."' which will be included fo~ the convenience of 'the'members -with children (with aYI occupaYlcy of no more.than"S children). '~-:"'" .,,' Supervised sorts such to edl.lcate ., .... .'A-_ .' . _ programs wi 11 be offered. :'i.: Personal prograrns of. all as skin care, hair care, 'and :medical will also be given the members' and keep th~.~~:':;,i~.t,~~~st..' , . .., , ,..;, ~. . vary .throughout_ 'the year; bl..lt we six_mon~b membership to $189.00 for a The ~ost of memberships will will start from $83.00 for'a two year membership. The maiYI floor will consist of receptionist, playroom, office, aerobics room, locker room, and an e~ercise trai~ing area. A beauty salon will be pr~vided for our members upstairs in the New Ewe. The access will be through the reception area of the main floor. Tanning will also be proveded upstairs. Appointments for the salon, playroom, and taning will be made by the receptionist. The price for the beauty and tanning salon will be comparable to prices here in Dublin, a 30Y- discount to our members in the beauty salon, tanning salon, and day care will be offered~ The square footages are: Locker roc,m 603 sq. ft. Hallway 26 sq, ft. Aerobics '340 sq, ft. Office 100 sq. ft. Playroom 100 sq. ft. Receptionist and exercise 6~~ 1/2 sq. ft. area -~ Tanning area 240 sq. ft ~ It ' Sa.lon 648 sq. ft. The peak hours oT parking use are Monday-Friday 7 A~M. - 8 A.M~ and 6 P.M. - 7 P.M. The one Histot~ical Gt~een Store BI.li1ding will have no change in outside appeat'ance and vet'y little inside. RECEIVED ~ ~t' 1 ;) E27 DUBLIN FLANN!NG to: ....., '- /" Pi .. .,. ,:.....:_..c:...../-:_....., .-' .....-.. '::::::.':::S:~;~4'..:~:::::';;':.::~.._".:::::'~... ,~f.~j~;;.;i;;i0.~:i'.~-,;~~4~-~;:i:i~~:::~7~::~;L:.:~::?f::.~.:;-.i;:J; @':'" R E eEl '1.;:0:0:).' c':/,' 5 EP 1 5 1997 '::. . ''';'. . . ~"DUBUN pLANNING ;1.~.;.:,;.;.-.~.:.7". PA No. 'I ". ENVIRONMENTAL. ASSESSMENT: FORM, '1}\1CRlM (Pv"vont to Public ~e.ources Code 5ecfi~n.21000 eJ sec.) '. .... '. .~ ~--. _._--...;. ..-- ~ .~ CITY OF VU~Ht:l.,.. "a7 -.1 ~ 7 ,--' .... .',' " The state CEQA (California Environmental Quality Act) Guidelines require the City to take an active role in preparing environ- mental documents. This comprehensive Environmental Assessment Form is designed to assist the City in preparing a complete and accurate environmental assessment ~n a timely manner and in . conformance with the state CEQA Guidelines. The form has three sections: General Data, Exemption, and Initial Study. The applicant is requested to complete Section 1, General Data~ The Planning Staff will prepare either Section 2, Exemption, or Section 3, Initial Study. Please type or print legibly in ink. SECTION 1. GENERAL DATA- to be completed by the APPLJ.CANT 1. Nome (iF ony) ond oddress of project: 71IF /1/ r/"/ FtlE Proposed use of property: I?e.,..r,..;:rj,;,yt 2. ,4. Nome, oddress, ond telep~one of Applicont: 7rI/= AIFi/ F/,/F . ',.:> II 0-- ~.~~ Pl." '. "";..7)'7<)",,, ,1f';,..,,~:<A 'i:V-<dlrj Name" address, and telephone or con~act person Din addition to cppIic::rnt or o insteod of opplicont: ~-r.f,o, r~;:, //< c..iJ/n" 2) <; r -., t:/ .? /'/rl..-?IIOJ-1 ........... ") p. . -/. Aaached plans areffiPreliminary orDfully d'eveloped~. . 3. 5_ 6. Building oreo:?. :;-r,., sq.Ft. 7. Sire oreo; (J J.o3C: DSG-ft. orDocre;_ 8. Current zoning: 9. Moximum Building Height' :)-'l Bft_ or!IJ.tories. . , 10. Describe ~mount of daily traffic generated by number, type cne time of day: _, J . / ./ - 7.5 . " )r. In,..,f' / rel-Y1 4' /-r-1?7 /~ L/.rn ,...-T'7:1.I-<o. ~ / J L/ 11 ~ Number of oFf-street parking spaces providec:-2k:- 12. Number of loading facilities providec: t t'. .:< " '. . ,,;.. (7':x-':;-".':'~_" ,. . '-:-:::/;:,<.r:"::~;;~r.';,-i/j/:rl..:j/".:-." ':;":':--;';~/~":"~'~,:~~f:'...-;. r..~}~,:,y~,:",,~~~~~~~' '{..\.'~:f.~J~~.!i~r:;.."!~un~n~:;;.t~~ g;a;;:.;"''''-~~ctf''--'"1":f.t'-'' - 0,.~,.. .'. .....:... \??C.~;., -=:~}:::.~:,:L~-:- ~.:"l" ':<"~l .::::;::;;.... ,~> .' . .- ... ;", ~( .13. Propo,ed developm~~t,,~heduie: ,beginning: . ~ . compJ~tion: 14.0. If re'ide~tiol: number: of new 'unit'~ number ~f exi:ting unit; .' ;'number of new . bedroom$~ unit sizes~rcnge of 0 50Ie prices or Dren~;-:-- 'j type of dwelling O,ingle fomilyO duplexD multiple. .' . . '. . 14.b. If commerciol: soles crea .:. oparotion . ' ',cope of pr~iectD neighborhood, 0 city, 0 regio';"l . o sg.ft. orO ocre; estimated employment per 1hjft ; h~urs of', . -'" 14.:c. If industrial: materials involyed hours of operotio~' . ; ~sH~ted employment per shift_ 14.d. If institutional: maior function . estimated occ:uponcy : ~ .' . j estimated empfoYm2nt per shift iJiours of operClHon - 15. . . Describe City permits required: D 5ite...."Deviloft'r'le.-d'"' ~vi(."V; 0 varia.Y..o::,; o A.,lMh..\w..nue. Cll.-.:li-lio.....u US<- fUM\t; 0 Fec.lo.ssifi~{io...(=","':Y j ti2l'Pll1,^~ pe.Vdol'l'1evITj D Col'<:l.\-nov1OJ USe.ftry"Jtj 0 S\5'" O"I!1; o Di'"e.r 16. Describe other p.ublic approvcls req.uired: D .unknown; 0 locel cgencies;O regioncl agencies; 0 sfcte" agencies; D federal agendes; for CERTIFICATION I he'reby certify that fn.;: information submitted is true cnd correct to the: best of my knowledse and belieF. 1 understond that the findings of this Environmental Assessment apply only to the project os described above. '. SignoMe: /(;!- Nome (~; type): 13 ~..P___ I . ~I... ({ I~r["-~,~ Dote: 9- H-g--7 ~::. '. ~l~A~ ~/;~";"Jt - ,i:?'jlt:Kf'" .. F<~~~ ~;::' ..:,,' "":.;:.. ,::;:::[{~f{~j':/~~;.;' :; '.(~::Y~~:;'i.il}i!qJitffi~~t&~ff~:f:/~,.'~ ')}:' "'." i..f ~ ,:","",,' .;..~ $..._) , ....1'..'.;'. .;-?;-.,.......,......-"I~,:;;..~..... .....,J:..;.V..l.r J"'" .. .. ~"';~i~~i.dci~;ffii~i~;f#~Jr"Ji"'~~~g~l~liii(~~~~~l~~~t;l~:' D. ''i':'':, , ;-:;:..., '.;:'..'.~"""" .' .... ,.'. ',"THE ;NEW EWE'S MASSAGE -.THERAPIST .....~ .... c..>, OUBUN PlANNING' .~ . -> :':'" :.:~. .~i:~E':' . . "~, ';';:', ;.;,::::?~~;:~.\}:.~:~ }:.~ .~'.<'~' -". .::.~.;.,/~.~,iS~i;~(;' "' ".;.... - ";".: .:"::-'~'-'/'.-.: ,<:_-,:~'~::;,~:~-:.: "-,",'.- -,,';"':'?-.<=/. .The Massage Therapist 'is :moving"here from"Flqrida'next .year. She has'a 'State of .Florida, DepL of Professional Regulations, . Board of Massage license. 'She fulfilled requirements' (License #MA 0001.585) by Chapter 480. ... .. ~ "'''';'". . ~ ~ ,'.' She 'Florida.' ~ent to Reese Institute'of ,..~:~ Massage :Therapy Sin';.OVeido~' .~_~._ .:' ~ . .~..,r{?:;::~.'~, -.. . , ..: ;..L;' ..~ -.~ ,. - ,-c.- She' is a certified Meuromuscular Massage.'_.The~c:tpist";'from'_.~he Iosti tute ~f Na tur~t ~:~:a~ing.' '~;,~-:~/..;(tl;j1~~f~}Z~tf_~~~~~;:~5t,~i.~~~g{~'i~;~~~~:.2.~ . .The New Ewe would :like to be .'able to. offer .'thJ.s'"service ':to . . their members. She. wi:llhave'-hourly :rates- of'~$25-$40 'imd .,,, :-::>.. . appointments will ~" made by our receptionist""' at'~~ei:-:.desk :near_~:': the main entrance. The-hou'rs 'will'.be 'no-more than .the hours 'of The New Ewe. >, e. "-". " '. . '. . <-")'f;~Wt\~lt:!'~::~l~~!~~~Zjj~~;tj~~~~\~~~~S\~~~~1.~~~~~1~~~70~f.2~t:.:, " .~ . .. '.. "1.' . ': ','.~:--~H'l.\,;I.."\';:',\'J.i'.',"N,~:~~,:-> "I :;;';:'~f.!.'~ i:-\~: .'(1.. '~;5:~~i~'W':'l':" ;,::-':'l~~ ~'...,\jl.t ....,.......:.-ii.i.t:;. ....,. ',"-'~.~~ ....\-'...~...;'..,':,\ .....l.. 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'. \::' ~IIE- ^lJO L"IJO~~..f"C n,w '(HE aWJ Mol'E. 1lS1:~ ~8LtlJ w..o. OUfWJ. (J... VALLEY 'tE~l HOf1!:.:$ :"\01 ll^~wt~ ~1. OAJo:LANO, 'A. .,~"o, '. " ...... ,. '.-"\;:'~;::. .:: .~n':X_::F'.":.'" .', ..:..; , .:,-;;);;i:01i~}~fft:~~~0i:;::;;\ , ....~ . Ii - 2- - 8'17,c ' "5'fc,S~ ~ Repo R:T ATTACHMENT 4 : .. .~... .,t'.: '. . -..:>:::. ;';,~~}:"'. '. .:, .' l. .... , ... .' . t & 0 r: ~ ~ " f 'r a f ::2: m :0 ;; < r i ~ m < .' j m .r :;~)"l~~irf~f~~f"::~;\r::::..1 "'.~' :.-~: ..'7....<<;~.;~';:..,~..:..-r..:- '''faIt 110.731 .... .," .' -. ",,-. . t S ? ;!' ( ~ o o ? ;!' ~ is 1>' :;;: ~ )> I z . r t , m ~ < 0 m . ? r I ~ ! i ! ~ 0 ~ . ~ i ~ i s I ~ c 0 ~ " I v m :IJ r m < m r >, ;' ~~" , ".-. , , l_ . .~~...~~~~':~.~.._-----~ :., ....:i.,\<; ,,: .',': :::'. . ::,:': :>: . j.~,:.::~5"Y'~-":~-',,' ".. ~:. -: :.'..:",: ;)--'"-'.~-~ ~~ '::-- :-~-- : ._...." :.,.,,:...\:.' . '"..'...' ,..:".,;..,.,.;. 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",l',';PJliI~~.""~",,, ,., "i_ ":1,'''' .J-!" ,,~'-'~l ':I"..'f,,'!.'\, '.. ~':" .~....jopJ,......J__ .. ,'" t~~,,:I(;1;~ ...... ~ ,.~. .<..j;~~..t' . , ,J ',~".J.1.~' ,1J; f" '!~'I""""'-t""~'" ~ il' ;.1:,:,~,,,,..~lj1;',., ,.:.:--'.!/..i..;/i".... CF;f.1Jr.. fffj/~....~.f;'ii;l..\!".--:2. ~.., ,., .1." ~~.'..! 'or'.~: =,,~~l' :,-, .-...~, .~..". 4."":; . <I....:. p..':"!' _': .t "..;; :;;J':.:if~.. ;::~"(r . I:. .,..,,.' e:;. ...~1.:flf~:'..':r~...;"/ '. '.,J...""..~....\....I.... .,.;'.,.,.,!.~t.\.:<.....~". ;'o}J ....;-. '~,. --, _")'_oI'/'.!:'/,:'/;'f1;"'" I i"~..,'~l.' .,' .'.p.' ',,': :'I,..~:r.. '~'.' .:.....' :,.' ,,,~"',: ;;-:-;;-,~...,,,,,;,,~_J,..'''':'':';', .......:.;.11._". '.;;;:0: ..."-'. -r,J.t-r';'" ',),.,.. ....r. '.,~....,~,..~'r:..-.-z,J..,..- ......,.,.....'1-'...,t;;1:.r'';..~......,.41 .r"', ,~,.... '" J If ';...A.... ;':', ._;....'.,.J,..~,.:' .,~. '.",..' "~~.~.".- ,....:.. I'i....... !.,.':,....-.'I~-;:: 0('"". ,?J"l"'~":"r' , 'I I:",'. '.;' :,;';". :.... :; :':;...~-;....",,"';.~ :::J.:':"'~ :. ";";'/~i.~-!:!j.'1,'/,;1:-,.z.:iri!t""~C;O/1X ,,' '.. ,. .. . ... . . . r. :: "/:"'-;;.:'j):. . '.' ",,: ~ '" - "'. A~gt:7,d~~ the ^!ag:,i;J~Ot9il ~~~~:~.~~~~I,~ion.~..' ..AJ.JD .?HI'? BoAW of 7Jf€12J}IWe$-~~q-::i1~78,:': ....... Prior to issuance of a Building P~rmit, a precise JandsQpf~g~plan'pre~red by the project Landscape Architect and based on the generaJ.!~dscape proposals indicated on Exhibit B, 'J362nd Zoning Unit, sha}l be a~proved bY.t~e Planning Director. .'-' Said plan shall. induce pr.opos.ed plant matenals and .quantities, measures necessary to protect existing trees from construction actjviti~, aI1 ir"rigaiion system, a lighting plan, and fencing detai.ls., .The siz7 and scale of lan.ds~ping-in'"ih~ par~ng Jot area. shall be increased sufflClently to screen and soften the appearance of pavement . as viewed from the San Ramon Road overcrossin'g: :;~~;:;~.-::~::/:::'. ':::;'.::-" <. - . . .... . .... ..., .. .: "~~-<:i-f.~';::.?,;.~':~f:::.:~~\~-':::";:',': ., . Prior to application for' a Building Permit, ?on Encroachment Permit sh2Il be secured .fro~ the County Public Wor~s. Age~cy"~~ cor;st~.u.-~' ~-~~~~d P.C:C.:curbs; g0:tersJ. _ . sidewalks' and driveways along the propertys frontage on Dublin Boulevc.rd and' . '.: _ Donlon Way. Said improvements shall be ,~nst:ucted prior .~o final .InSpection of . ....the structures in' the offiCe :Center'; except as 'provided -in' Conaition -'1&. :~;i ,'"::.',:.:.; .".-....: . ~ . . c,, :_.: _'_. :_: . :.. :'. ;.; .~.~. ::" :', > . >"_ :' < '.::_'~__'- ::,~>'~~. :'-:'::"'_"::"~-'~ 2~',:;::~~::~:;. :_:~.~:'.-:;. ';::~.:.<~"/': .:~ 3, . .:. Storm drainage"f~ci!iti~~- shal1'be"ap'proved ?y:~~e j\'larri~&"Co.u~tYFleC;~'C~~'t';;i' and Water Conservation District prior to issuance of a Building Permit. - ':>:,: ..-.' .--'. . '-" .-. -. .', I, 2. 4. All dr.ainage 'slopes shall be at 0.3% minjm~~:_~.~:~ ...... -- . . . 5. All easements for drainage facilities cr'draina-ge reI~ases lceatedofi site's~11 be filed with the Building Ofiicial prier t.o issuance .of a B~il.c!ing ~.~rrnit.. 6, All parking spaces shall be delineated with white paint-'c<equat. 7. A 4 inch high concrete curb (minimum) or equal shal(separa~e all paved parking and passageway areas from landscaped areas. Curbs may be deleted where sidewalk 'adjoins parking and passageway, provided the sidewalk is at least 4 inches higher than adjoining pave:nent,. and at ramps for the handicapped. Curbs may be relocated to a.ct as whee! steps subJect to aDoroval of the Planning Director. 8. All utility distribution facilities to and within the deve~cpment shaH be placed underground. 9. Utility meters shall be enclosed, 10. Adequate lighting shall be provided in all parking areas, driveways, and the unloading area; type of lighting fixtures and location shall be ap;roved by the Planning Director. 11. Number of signs, their locations, sizes and materials are limited to that cepicted on Exhibit BJ 1362nd Zoning Unit. J2. The following uses are permitted in the office center site (Site C, as shown on Exhibit B, 1362nd Zoning Unit): .. 13, Office(s) for the conduct of business',administrative or professional services, induding the following types of office occuF"nts: . ':.l,\ .' '. \ , .'-. _.~,:-\ .~~:.:.~ .A TT~CH~ENlL~'~~~ , :/' ,,', i,:' ""'.'. ol~Fl .' . "1.' 1:'" l' ~ ~t{!~:-v"..,,-,! ( T ;I. ,"" /!. ,. . , ~ E )}'j:,'1;.!;}!~-.: f. 'j . )~~~;n')~ I ,r!'; 1'f.! V ~t. '", ' . ~ ..' '~fll~J ..~&!J~f1i~::f t. ExhIbit C" Ii:t'%f>l:. ' \" ;t1.f'~~/' . .1J.l?f.:~ 'Ii~"/."''''' - , . . -:General P;oJisi~ns :"1362nd ZonIng uri'tt IJ:~ ...i.~,,'~f::l:!(" . ~rs --~~l~~'!!.'fC'(,;Z.Jh:/'; : . ~'/~ ~ ~pa-g(2fffiffi;o~~~~dt ~~ ~~ ~~~M~;~'t1At"'ilt{:"'~, ~~~iflilf;;~~i~\;l~~!~j-::~'~:; ~ ~ 1(~:.i:.'-"""'li""'~J;.:r"'I."":;'.Y~:'>~~;.u.; "'"t;~. 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'.'.,';; -'i;:-:-~ us mess ro ers .a"ri:-~~;'Jk?=.t"'.:oS' employment agencies'~~:ll:r':':':: ~ . .;- :.-....::.:..~;:. :: ,~;:-,.;,._.,: ::.', ";' J.,t.---: ~ M...~:.~.!'.-;,~=-2..;:,....~..'t~~j5~:.."":'"'~.~~:.:-'~4::r . f \., ." . 1f:'1' '. . "'-'..' . ~~- . ~.< ~ ~ .-;.: ::.;:-. :". '.Y :: ,:;Ji.~~1~9<<:.\~,_;-,.~r:....:rt~-r..~,'-1.~~..Jj'I.',1$/~ =;_'. 11)anCJ~ p Cl!1!11~g ~~~~[1.1es :". > .:: -....;. ~: :.:' .: .:: .._., :...l ._' ~ -".,:~,~;:.b~s~n!:.s~ ,:ac~~~!:l.~!!}g ~~y~c.es :.:~-:: ~ndustnal..,!l1.ar:age~e,~,:,~?~~.n1es .-' 'f.:: >. .' . ... ". .:~. ;. " ~:. ~~>~~busmess development companies lnsurance agents ~";;''':-~';J;-';'~;.'''' :. '~'-:'" '.' ~,;. .'. ~:::.:,:. <~~,::~': ~;-:: ::;::~b~)lrf~ft~)of~'l~~p~~~~1:~1t$~~'~~~nvestn:~nt 5o~~e~ing~s~rvic~s~. :;.-:{.!(: '.... ~:' :~- ;':. ..' . '._'..' . 7' '>,''3.bus.int;ss}?an.:c~~~~~:~.~i.;.;t~'j': lnvestm.ent se.c:-rr}tles ~ervices :' . ; >-;:.:: :M'~' . . .' .' >- :::,.,.....':_:<:.~: .:'business management comP':lnles manufacturers .representatives ~,.'{{:......:..--. ' Fk,::)~ i.~;[::r;0f?~~~~i;!~tii~~f~1t~!~F~r.~~~:~~~Ji~~j}fl~~!~flj~tr:;:~'_., . ._;.,. .._~ .:""\:;', . ~~::-... '. ~"comm'erdal1oan companies :1t' :;.-.secuntles brokers ?:j;"'.:.)~::.':'~""'" .'," ?- ::. \~1~~:"~:::'? .:"~7~-;:'~ ~.~~::.:':~~~;.;-{~:::~~;;"~:':;-~~~1~+;&<~~~'J'7-~'~'~~i"}~~~~:;~~~~~F~~~:'-:::, '~.;.~:;: : ;',: ~. ' '., :;-:; .";:{:t i3.-;:: :. Only a b~mk:'6r'.sa vings "a"nd loari)ristitution or _restaurant.;will be "pe'rmitted on'-c~nimerd2I f.;"?,~_-7-~';-,.!;,:}!~sites ~A and Btas'shown-6r;"Exhibii B;;1362n'd Zorung Unit:;;:'k..c;-;t:::~-.;:~.;:..""j~::;"'..~;;.... ,,'- '.;"' ". f~:ztfl~,,=i':?!fi~'~:J,~;~'1';%~W-~~]i~~0:.?fil'1!,~1'f~Z1?~~%~WSi;:::~E:;;?~;;~:~, .. ~~,i..:.~:'--:=l~: :f;~Trye de'y'e.lc:pe~~_h~l!.~~~~lt,~~~!anE}ng C.om""!l~Sl?':. appro':"!,1ey_elop~:-"it plans~ '-.'= -" =:.~':";:.?,:1-fi -:'i-::~:..a~~ ~e!al1s ~.o~....c~~!fl~e!.C:Ia.~~l!~~.~_c:nd.B !n~l?~ng ~Jte...':d.esl~J le:n.dscapmg, parking . ::.. '~:.~.-?_::; ~~~.;_}ayo~,'~r~hl:~C!u!:<:!....styl.eJ ;..xt~n9r .buddm& matenalsJ ~xte::o: ,colors, floor plans, - = '_,. ":::." ':~_~ ~.;.~.:;!ligh~~~g GO.d ;!g~~g. :~PP~y.~l..sh.a:l be. ob~~:n,,~~_ pr~or:. ~~ ~,:~.~:.'?f,.~'y Buildi_ng '. -. ..): -.,.. ~.:~". :;;:ftl~;v,lg~~~~~~~~:;';;~~:'{?F"tr;iA~i\~~:f't:Ji;>;.i;:.;~!:':,;;t~ii!,~~~gs;:;}2':c;. ,15. 'j.."<Th~ 't';';'~;.f~t~~'_~'''~~.;;;.~-~~_~f~i~sit~s'~h~i1 'be .develo~.~i 1~'.a~co~'d~;2.e ~;;"ith 'th~' bu'ilcli~c . . '.' .._ :".:;and parkin'g lot."1ayoutS as'"depict"ed on Exhibit B,'1362nd Zoning 'Unit:";Architectur~ .. ".:";:'..style of ~he sti~Ctu~e..on cOf!lni~<~al site B ~hall.be.~imilar to ~he style of 'L'le office . center. :Architectural style of the Green Store and c.ny addition thereto located ... on commercial site A .shall t>e as recommended by"the architectUral consultant no~~.d~.n"g:~~.itIon:~~:~b_,:U:~f_:;?'~':"' .... .')~t'1f:~r --. The Gr'e'~~'Store shall be' preserved and restored to the earliest kn~wn'aUthentic . design of the structure. This proyision, howe~er, shall not preclude the developer . from adding to the southerly side of the Store to provide additional space, provided that the architectural style of the addition remains the same as the rest of the building. Restoration and alteration shall conform as closely as possible to the requirements for entry on the National Register and to the Secretary of the Interior1s Standards .for Historical Rehabilitation. The develocer shall retain an architectural consultant experienced in historical restoration to advise _on such restoration and additions. The consultant's evaluation of the restoration plans shall be presented in writing to the Planning Commission at the time of submittal of development plans noted in Condition number 14. At the same time, developer shall also submit a plan for protection of the Green Store during periods of vacan~y. To enhance the appearance of Donlon v.'ay) the Green Store, the Heritage Center, and the project office center and to facilitate pedestrian movements along Dr:-nlon Way) the project landscape architect) in consultation with th'e ar'chitectural consultant retained under Condition number 16, shall prepare a . . streetscape design for Don16n Way which minimizes paving for vehicular access and on-street parking and maximizes walkway and landscaped areas. Said plan shall induce recommendations for paving and landscape materials compatible with the adjacent historic resources, Said plan :S,hall also locate the curb defining the easterly boundary of the vehicular travel way ~s"flear to the large) old walnut trees as possible without conflicting with the trees' root systems. This streets cape plan is to be reviewed by the Planning Commission and Public Works Department prior to final .inspection.and occupancy of ~ny structures and recommendation made to the Board ot Sup'ervisors concerning its adoption.' ',' .,:':'. .. :-' . , ......~""' 1.<~..... :,<.:,:.:; :., '.' _,.,<;~.:. ".:-:~;.r.~.i.::~':. .';... '... ..,,~. _t:.' .. ',,:. '.:.' ::. . Constr.uction .of landscaping; curb, .gutter and ~idewa.tk along the project's Donlon Way frontage shall c~r:tor~_.~o.~he pla.n noted i~ Condition 17 ~s approved b)' the 1'i:~)~f)iI~~i,~i~~ir~t~;~j,i;:;,>;:; 'ii", ' , " " ,":~'.'\ ~hl,...;~rt., ~.Jl.t..\.)~~,:::?~jf;~~:s.~~~~g~'''''r:-..\'''~ii\~~~;:~~''')~;-;:-:'::':'''~1 ;~~'" }l':"'.'" ..."":,I,.7..~'.';',-:t'.,.. . . :;.:: '.. .-..-- " ",' "...., '...I.:~.,'w\".,._..."..l,."....:~~,_l::...~~t~\..'..:-..I~I-.~....:":"';,. 16. 17. .. 13. .--- , "1~I/lj r~ "~I ( ~~~j 1 . . ~r """",,..,.,-.. '.'~/'/'''''',: {1.';' ;..., . 'r. . . J1:'~:1 . ...~;..-t'r.rii~0,j:':':~f(,'(;'{~!:f5?;~:J1.~:tf!j!Jftr:l&;if:.Yk:t~}!?Jfji't~;c-:)i1ti"4''''-'';?'..~' ,. ~ ~~(Exhibit C ,. .... (f@.:!~W6r;f'1:~Y:'.2<:.j:i~i;::"'W?~tf,G{f:?:~fX?]}~~;~rf!-%.?~t1::': , .~ffi ...~. General ProvlslOns - 1362nd ZonIng Untt .,'-.. ",",,_?,:,:':~;;:':";'::,.- ".:.:;7;;'_~:r.~.-.,::,;,:",:,_;"",;;,-,~t:"""'::..:..< ..-':':'." -,-J " i~~'\ page:3 .' .", . . .," '.. t...... :~.;~:~;.:~,:..:; ~~::..: >j.>- ,c'- '~"'-'.~ - :'.\"" ~!.. ./ :;::'~'_..;:""":3t..:, ~- ' .. :'~ 19. Prior to occupancy, the developer shall install a plaque Ind'ica'tlng the location . ' of the former Murray/Green residence. The wording and location of the plaque ,.. shall be submitted for approval by the Planning Dire~or, .- '.' 20. It during construction, archaeological remains are encountered, co~truction . in the vicinity shall be halted, an archaeologist <;:onsuIted, and the County Planning Department notified. If in the opinion at the arChaeologist the remains are significant, measures, as may be required by the Planning Director, shall be taken to protect them. . " 21. Parking may be reduced to accommodate increased landscape area, but not below 400 spaces. .. . . ....""..:, ~ . \'. " ,;;.,'. .... '. \ ; ( ( "..,. ~'. ~ -' ,. CITY COUNCIL CITY OF DUBLIN, ALN1EDA COUNTY, CALIFORNIA RESOLUTION NO, l7-B2 VACATE UNNECESSARY PORTION OF DUBLIN BOULEVJ\RD ADJACENT TO GREEN STORE, SUBJECT TO CERTAIN CONDITIONS; EXECUTE QUITCLAIM DEED UPON fULFILLMENT OF CONDITIONS; RECORD.RESOLUTION WHEREAS, on March 1, 1982, this City Council did adopt Resolution No, 13-82, a Notice of Hearing on the proposed vacating of a portion of Dublin Boulevard adjacent to the "Green Store," at Donlon Way, which said portion of street is more particularly designated and described as: No. 34707 (Adjacent to Assessor's 941-1550-4) All that certain real property situated in the City of Dublin, County of Alameda, State of California, described as follows: COMMENCING at a point on the southeasterly line of Dublin Boulevard, 100.00 feet in width, distant thereon South 69" 06' 30" West (the bearing of the southeasterly line of Dublin Boulevard being taken as South 69" 06' 30" West for the purpose of making this description), 34.43 feet from the intersection thereof with the northeasterly line of Parcel 4, as said parcel is delineated and so designated on that certain map entitled "Parcel Map No. 2B34" etc., filed May 23, 1979, in Book 111 of Maps at page 9 thereof, Records of Alameda County, California, and running thence along said southeasterly line of Dublin Boulevard, South 69" 06' 30" West, 87,00 feet; thence along the right of way line of said Dublin Boulevard and Donlon Way, southwesterly, southerly, and southeasterly on the arc of a curve to the left, tangent to last said course, the radius of which curve is 50.00 feet, through a central angle of 940 011 4311, a distance on said arc of 82,06 feet to a point of tangency on the northeasterly line of the aforesaid Donlon Way, 66.00 feet in width; thence along the direct production northwesterly of the aforesaid northeasterly line of Donlon Way, North 24" 55' 13" West, 30.11 feet; thence northwesterly, northerly and northeasterly on the arc of a curve to the right, tangent to last said course, the radius of which curve is 24.00 feet, through a central angle of 690 141 2511, a distance on said arc of 29.00 feet to a point of compound curve, tangent at last said point to a course which bears North 44" 19' 12" East; thence northeasterly on the arc of a curve to the right, tangent to last said course, the radius of which curve is 76,00 feet, through a central angle of 24" 47' 18", a distance on said arc of 32.88 feet; thence tangent to last said curve, North 69" 06' 30" East, 68.25 feet; thence northeasterly and easterly on the arc of a curve to the right, tangent to last said course, the radius of which curve is 146.00 feet, through a central angle of go 51 I 34", a distance on said arc of 25.12 feet to a point of tangency on a line drawn North 78" 58' 04" East; thence South 20" 53' 30" East, 4.B4 feet to the point of commencement. AND WHEREAS, said Notice of Hearing has been published in the Valley Times and posted as required by law; and WHEREAS, on the day and at the time and place heretofore fixed for said Hearing, said matter has come on to be heard and this City Council has heard and considered all of the evidence presented therein; .. .'.~. ATTACHMENT '7' . 11_ ?-~., f.">.f' <;"'-'-A~ RE;Poer (:" L Resolution No, 17-82 Page 2 NOW, THEREFORE, 8E IT RESOLVED, under the authority of Section B324(b) of the Streets and Highways Code of the State of California, that this City Council does and it hereby finds and determines that the hereinabove described portion of street is unnecessary for present or prospective public use; and BE IT FURTHER RESDLVED, that the hereinabove described portion of street be: and the same is hereby vacated, subject, however,_ to the following conditions to be fulfilled by the adjacent owner, Crest Enterprises, Inc., at no cost to City of Dublin or County of Alameda, said conditions being: (1) The removal of Portland cement concrete curbs, gutters and sidewalk within the vacated area. (2) The installation of Portland cement concrete curbs, gutters and sidewalk within the remaining street right-of-way, all as shown on Alameda County Public Works Agency, Road Department Drawing No. A-3396-10, on file in the office of the City Manager. (3) The salvage and stock-piling of the pedestrian guardrail and appurtenances for pick-up by the County of Alameda: (4) Provide a time schedule covering the removal, and reconstruction of the concrete improvements. (5) Obtain an Encroachment Permit from the Road Department of Alameda County Public Works Agency for all work within the existing right-of-way of Dublin Boulevard, The County will notify the City Council when all work has been satisfactorily completed, AND BE IT FURTHER RESOLVED, that upon satisfactory fulfillment of all of the above conditions, a Quitclaim Deed frem the City of Dublin (GRANTDR) to the adjacent property owner, Crest Enterprises, Inc., (GRANTEE) shall be.executed, whereby all of GRANTOR's right, title and interest in and to the hereinabove described real property shall be quitclaimed and released to GRANTEE; and BE IT FURTHER RESOLVED, that the City Clerk shall cause a certified copy of this resolution to be recorded at the office of the Alameda County Recorder, immediately prior to the recordation of the Quitclaim Deed hereinbefore authorized, and upon such recordation of this resolution the vacation of the hereinabove described portion or street is complete, and from and after the date of such recordation said vacated portion of street no longer constitutes a public street, BY DRDER OF THE CITY COUNCIL OF THE CITY OF DUBLIN, Alameda County, California thi s 5th day of Aori 1 , 1982. ATTEST: ~ ora y OC, er d.G ,J. ./. ..'-- Nayor ~ ______ :';:: "-/-~:~1tt,::.~\~~~~;~~i~.~~?~~."U'1; ',':;~~~;';;~~~<' -,~." '. I . ..' -' .~': !'O'~.'''-: ':-.:'::'.. 0:-'-; -. !<,-~' ~ t~ .'1> ~ "'&-? .~ <;3 ~ ~~ M~ , ~ ~ ~ ~ ~ ~ .~ .. .~ ~ ~ ~ ~ ~ J ~ ~ 1$ ~ , .~ '-- .... . I'.arch 24, 1982 . Mayor Pete Snyder and Colmci1 Members City of Dublin 6500 Dublin Eoulevard, suite 212 Dublin, Californie 94566 Dear ~2yor Snyder and Council Members: The Dublin Historical Preservation Association supports . the concept of :preserving the Gi:een store as l'resented to the Dublin City COWlcil at the February 23, 1982 meeting end that it is to be restored vith the side '\laD:. encroaching, on the bike patha The Green store represents a very significant historical building in our community and we want it :preserved to the original state, as show~ in the 1906 photograph. Yours truly, ~I} ,~V~ Tom Faney '. '\:.esident TF/dh t., .T..~ :' '. \, \~ :;.~~r' ,~~.~!J:-::t::iti.i~~7~;:;W3W"i~':';'" I Ii ~ ~ ! \ I, I \ ",. ,,' "." \ "',"", I ..,............. ,;'?bl .~~y\"- .. '" ?" 06'.9 oAOA~.. ... . <l. "6 ~\~ /"' I // I~ -o!~ ;;10 cot 0'1. , , \ .~. .......:..:. ~~.. o w :z o o :z <1: CD <1: W CD o l- <1:' W a::: <1: 16 - --_."--- - I :.1 . i I - . . I lr -----' .' . . r .. . ,'i:U-~- .~I, I ..____~_ .:;i/ I os - --.,---,-' I .. .. I ,.;..:,. w : '0 ..., '" J.. 0 0 '" , '" z ..., -. , "" --' ....: '" '~-ili ~Cv ..'tj" --: : _ ..."}U) .'11" 0 (\J 'n: 0'1.. .:. ~.J '. \ t9 Z f- en x w ,. '\ 5 "- a::: w -0 -0 _r0 cO '" U> 0 11' '" .12 ~ _W / '0' 1/ .r<'l;:; ...,. I on" i I .2 5 \ Vl __......... \.W 0: I~~ u> o o '" "'. Z o- w en o a.. o a::: a.. o 0:: <l: >:. W ..-l :J o OJ ,'i:u -q on '" .., -, .91'SU- ~'. ~, Z ..-l OJ :J o .\ ,. \ \ \ " " .:/' -' " ,,_ ,....._...,_ .... w. _ ~ ---!:'~~,~r:-~:~~;:,. ~~/XX~~~~~~?i/:';-;;~':':~:~S: . ....',..;... \......-.-.. ~ -. ~:?-:f .t.;~.,.~1_:. '-~.~:>.,:. : '.~';' :;.~, .... ~ ...,' Since Dublin is now a City the pr~b1em is 'passed on to ~;,The City can proceed as the County ~lou1d have"if it .50 wishes, since the ordi- nance violated is now a City ordinance,>.The last abatement order was. to have been carried out by approximately last July. , .\ . ",\ . The City Attorney indicates that the City may' wish to await the formation of a City Planning Commission and/or Director, and determine at that time what action is to be taken. Or a civil action may be initiated by the City which, if successful, would require Mr:"llichandros to abate the buildings, with the costs possibly ordered paid by Mr. Nichandros, It; was also explained that there is the matter of construction of a front- age road which was, at one time, propos~d. This would have been very close to the front of the store, which'was not approved by Mr. Nichandros. However, the County also did not install -the road; also the Calaveras Fault was found to be located in the parking lot in front; building permits would now require further setbacks, . . ,- It was indicated that Mr. Nichandros had tried to obtain permits, how- ever, the County continued to insist that the right-of-way in front be dedicated to the County resulting in the loss of parking lot area, He is interested in working out the problem so that his business can continue. A problem also is where the road is to._be installed, if any road is ever installed. Mr, Nichandros asked a postponement until such time as a decision can be made regarding the whole issue of street, extension of any road. It was decided to wait the return ofMr, Taugher, County Building Official for a further explanation of the building requirements, Discussion was also held re a possible violation of safety measures in the building which will be discussed also at the later time. CONSENT ITEMS On motion of Cm. Jefferey, seconded by Cm, Moffatt, and by unanimous vote the following items were approved, Extension of contract with George Gaekle to April 30; set the mileage rate for use of private cars on City business at 21~ per mile; approve proclamation for Professional SecretarieS International as April 18-24. PUBLIC HEARING - Abandonment of portion Dublin Blvd. G. Nichandros A resolution of Intention to Vacate a portion of the right of way at Dublin Blvd_ and Donlon Way was passed some time ago, setting the time for hearing of said proposal to be April 5_ Mr. Ray Burnham, County Road Department explained the reasons for the proposed action which were part of the requirement of the Historical Society for the restoration of the property known as the Green Store and installation of a porch to comply with the restoration. An agreement had been worked out with Mr. Nichandros for removal of the present curbs, gutters and sidewalk, installation of curbs, gutters and sidewalk within the remaining street right-of-way, salvage of the guardrail and appurtenances for pick-up by the County. CfI-1-56 , " ~'. .""'\ ". \ 11-Z::~fitfc___5ThW \2q::ORl .:AllAClIMENT 8 -"~.~:.:~~':-::::;. ?:~P,~;-: '.:::':::~<:':: ( '. :'.~'. .:;';' .', . A resolution has been prepared which outlines these provisions as well as the provision of a Qui~claim Deed upon completion of all requirements, - It was decided to list, in the encroachment permit, the requirements re safety measures during construction of the porch, and to also list a time schedule for the work. The hearing was then opened, with Mr. G, Nichandros stating that as soon as the permit is issued the construction will-be started and proceed with all speed, . No other persons were heard from, and on motion of Cm. Burton, seconded by Cm. Jeffery, and by unanimous vote the following resolution was adopted: RESOLUTION NO, 17-82 VACATE UNNECESSARY PORTION OF DUBLIN 80ULEVARD ADJACENT TO GREEN STORE, SU8JECT TO CERTAIN CONDITIONS: EXECUTE QU!TCLAII1 DEED UPON FUL- FILMENT OF CONDITIONS: RECORD RESOLUTION. APPO I NT C!TY I'iANAGER (Richard C. Ambrose) The Mayor.read the resolution of appointment and introduced Mr. Ambrose to the City Council and those present. Mr: Ambrose responded by expressing his pleasure to be in Dublin and is looking fon/ard to working with the City Council and citizens of Dublin. RESOLUTION NO. 16-82 RESOLUTION OF APPOINTMENT - CITY MANAGER HALKWAY - 1-580 CALTRANS It is proposed by CALTRANS, with the participation of the City Of Pleasanton, to construct a five foot wide sidewalk on the easterly side of San Ramon Road/Foothill Road, between Canyon Way and Dublin Blvd. The work will be within the State righ~-of-way and serve the increasing pedestrian travel through the interchange to Stoneridge Shopping Center. No expense will accrue to the City of Dublin. Mr. Clarence Yee of CALTRANS was present to explain the project and to answer any question. em. Burton questioned the pedestrian crossing of high speed off-ramps, and fir. Yee explained that it has been found safest to cross at a 900 angle rather than in the median strip: Also suggested was a fenced median for pedestrian travel, however this was not felt to be feasible by C~\-1-57 t., ''.',' '. \ , ~::;~ '~..;~~,.!Vx~~r~.: b~'~;~;~;+~~!f;?~/~~~~.";~e;j::- ..' ,. ~.:.;;;~ti.~~~~~~~; . ',~ .,:: , . } Y~,,;;;,~:,,: .,........ ".,:.....e. to' "-, PLANNING REVIEW BACKLOG STATUS REPORT At its meeting of October 11, 1982, the City Council authorized Staff to secure the part time services of a Planning Consultant for 4 to 6 weeks to assist in clearing the planning application_backlog~ The City Council directed Staff to return with a progress report on the planning services backlog after the Planning Consultant had completed four (4) weeks of work. The progress report was presented to the Council~ After discussion, it was determined that the City Manager will review and keep very close eye on situation for the r~mainder of the agreed upon time frame and will report back to the City Council at its meeting on December 13, 1982, with a recomrnendation~ * * * * ENGINEERING SERVICES STATUS REPORT On November 15, 1982 the City received eleven responses to its Request for Proposal for Engineering Services. Staff is presently reviewing those proposals and plans to recommend a group of finalists for the City Council to review. It is Staff's recommendation that the interviews be conducted at a special meeting in order to give the Council adequate' time to review the qualifications of each firm. It is reco~ended that the City Council con- sider holding such a meeting on Tuesday, December 7, 1982. On motion by Cm. Burton, seconded by em. Hegarty, and by unanimous vote (Cm. Jeffery absent), the Council will hold the special meeting as recommended for purposes of interviewing firms to provide the City with engineering services. * * * * GREEN STORE MODIFICATIONS The Green Store at 11878 Dublin Boulevard is one of the oldest buildings in the City. Past reviews and approvals concerning the site and structure have emphasized its historical significance. Reconstruction, additions and modi- fications have recently been made to the structure and site. Based on plans submitted to the City on November I, 1982, and review of past approvals, Staff found that many modifications were being made without or contrary to the required planning approval and building permit. Work on the project has been stopped because the zoning ordinance requires either: 1) that the project conforms to the existing conditions of approval; or 2) the existing conditions of approval are modified. Specific issues are 3: South Elevation, Parking and Landscaping. History. of the site was discussed. The Planning Director pointed out that many physical changes have been made to the Green Store's site plan, land- scaping, land use intensity, and architecture. These changes have not been made with the approval of the Building Department or Planning Department. They are inconsistent with the approvals previously granted by the Alameda County Board of Supervisors. Some changes are also inconsistent with Zoning Ordinance regulations, e.g. amount, size and configuration of parking stalls. Following lengthy discussion, on motion by Cm. Burton, seconded by ern. Hegarty and by unanimous vote (Cm. Jeffery absent), the following was agreed upon: 1) The stop work order is vacated, 2) As-builts are approved as changed, except that 4 parking spaces in southerly parking lot be removed CM-I-162 ~::;. '. \ --V: c.::.--S-rA~1'Ze::~RT ~T~'-8 ( - . .A TIACHMENT i' " i- ;~~~(~~.J'.. and a drive thru substituted, 3) Occupancy conditional upon compliance with general provisions contained in Exhibit C, and 4) Upon proof of parking capacity and access pursuant to P.U.D."which will satisfy parking and access requirements of as-built plans. In the event that Green Store does not have the capacity for as-built parking requirements, occupancy shall be determined pursuant to the usual Dublin procedures. Mr. Gus Nichandros, representing the Green Store project felt the direction of Council was quite clear. * * * * PLANNING COMMISSION REQUEST ENFORCE SIGN ORDINANCE SANDWICH AND A-FRAME SIGNS At its meeting of November 1, 1982, the Planning Commission requested Staff to prepare a letter regarding illegal sandwich or A-frame signs~ The letter was to be distributed to store owners or operators by the zoning investigator as she came upon such illegal signs~ The reason for the letter was the perceived increase in the number and visibility of illegal sandwich board signs especially along Village Parkway and Dublin Boulevard. The letter requests voluntary removal of the illegal signs. If necessary, formal zoning enforcement actions would begin five days after the zoning investi- gator delivered the letter. Because the City Council agreed not to take action against an. existing sign until the City reviewed and revised its present sign ordinance, Council direction was requested. Following discussion, the Council asked that the City Attorney prepare a 'modification to the present sign ordinance which would preclude the use and installation of A-frame and sandwich board signs. The introduction of this ordinance would be agendized at the next City Council meeting on December 13, 1982. * * * * ARCO GR."-'''T During September, 1982, Staff was notified by Dr. Eugene Fox of the Atlantic Richfield Company, that ARea was interested in contributing funds for pur- poses which would enhance the fine arts in the community. Dr. Fox indicated that up to $15,000 could be made available by ARCO~ Since that time, the following groups have submitted proposals for consideration: A110UNT $ 1,900.00 3,050.00 ~ Shamrock Valley Chorus Children's Theatre Workshop Pleasanton Community Band PURPOSE Hope Hospice Inc. Risers Theatre Lighting Equipment Restoration/Amador High School Theatre -- liD to -- Director's salary, rental of ities, printing of programs publicity literature Assitance for terminally ill 35,000.00 facil- & No Amount Specified. No Amt Specified Valley Choral Society Staff has discussed briefly the nature of the proposals with Mr. Fox who indicated that all proposals could possibly be funded to a certain extent. Hr. Fox did indicate that he \vould like a letter from the City Council endorsing those proposals which it felt were deserving. CH-1-163 ~'. "10... ''''.' .. \ _.. .J-'" .::,>",.".-: :;:?-.,.-:,~ ~',' -~;~~:.. .-.:.~ :-:4;; '~__:.~( Cit] ofDLLd(1}f AGENDA STATEMENT Meeting Date: November 22, 1982 SUBJECT Green store Modifications EXHIBITS ATTACHED Memorandum from Planning Director dated November ~8, 19B2, with attachment"of December 14, 197B, approval, September 19, 1978, approval, and November 20, 1978, Staff Report REC01~MENDATION Consider FINANCIAL STATEMENT: None DESCRIPTION The Green Store at 11878 Dublin B1vd_ is 'one of the oldest buildings in the City. Past reviews and approvals concerning the site and structure have e~phasized its historical significance. Recon- struction, additions and modifications have recently bee~ made to the structure and site. Based on plans submitted to the city on November 1, 1982, and review of past approvals, Staff found that man v modifications were being made without or contrary to the required planning approval and bui~ding permit. Work on the project has been ~opped because the zoning ordinance requires either: 1) that the project conforms to the existing conditions of approval; or 2) the existing conditions of approval are modified. Because historical significance is a subjective matter, it is appropriate for the city Council to review the proposed modifications and give Staff direction on how to proceed. The specific issues and alternatives related to the modifications are as follows: ~ ALTERNATIVES 1_ SOUTH ELEVATION: The south elevation is different from the approved plans. As a condition of approval, an architectural firm experienced in historical restor- ation reviewed and made recom- mendations on the plans. The architectural firm1s recommen- dations were made part of the 1. - B. Approve the modified south _______~~?:_~~~~:_________________________________.__~~:~~_~~~~_:_~~~::_~_:~_~~~~:__~~~~J_________ 1. - A. Require that the modified south elevation be reviewed bv an architectural firm experienced in historical restoration and reouire the modified south elevation to be consistent with the architectural firm1s recommendations. COPIES TO: ITErI NO. 8,/ ~:. :':..:, '. \ , 1(~z~6~~_p.?-c-, "3<\cS~ 'I2~R ATTACHMENT 10 ( ~ - " '. . .;::"""';.4', ;----.~, '", .." - ,.~. I I I , . ! 2. PARKING: The parking lot design is different from the approved plans and does not meet parking standards4 Based on the November 15, 1982, plans, the parking requirement for the project is 72 to 74 parking spaces, depending on final countable floor area. The (12/14/78) Planned Development was approved with the Green Store required to provide 22 parking spaces meeting standards. This was apparently based on 16 parking spaces for a restaurant of 950t square feet countable floor area, and 6 parking spaces for a bank of 1630! square feet countable floor area. The (2/18/82) building permit plans were approved with 20 parking spaces meeting standards, although a review of plans shows the parking require- ment should have been 58 to 61 spaces, depending on final countable. floor area. This is a result of a substantial increase in restau~ ~ant floor area.' There is no record of planning approval of 2/18/82 plans. .; The 11/15/82 proposed plans show an additional 759 square foot increase in countable floor area over the 2/18/82 approved plans. This increase in countable floor area would require 13 additional parking spaces, for a total of 72 to 74 parking spaces. The proposed parking lot design does not meet parking stan- dards in terms of stall size, back- up aisle width, and turn around. 3. LANDSCAPING: The approved plans have not been followed. The 12/14/78 planned Development was approved with a condition that a precise landscaping plan be pre- pared by the projectls landscape Architect. The approved plan , ,. ( , . ~'. ~ .,. submitted for construction ,code compliance.. 1.. - C.. Require the south elevation to be consistent with the original approval.. 2. - A, Require that the parking lot be redesigned to meet parking dimension standards and require the applicant to provide, to the satis- faction of the City Attorney, a contract for the joint use of parking spaces in the adjoining Heritage Park development for the life of the buildings or uses concerned, 50 that. the required number of parking spaces. is satisfied. 2.. - B. Require that the parking lot meet parking dimension standards ~nd the parking lot design be in substantial comoliance with the approved 2/18/82 building permit plans"and require the patio and building to be constructed as shown on the approved 2/18/82 building permit plans. 2. - C. Require that the parking lot meet parking dimension stancards and the parking lot design be in substantial compliance with L~e approved 2/18/82 building permit plans and restrict the uses to that approved in the 12/14/78 Planned Development. 3.. - A. Require a precise landscaping plan be prepared by a landscape Architect to the satisfaction of the Planning Director and require restor- ation of the 2000 square feet of landscaping reduced by construction, and require the old style rail fence '. " ~<. ... .. \ : r,.., ,- included measures to protect exis- ting trees. The 2/18/82 building permit plans were in substantial compliance with the approved land- scaping plan. The 11/15/82 proposed plan and construction on site has: removed three (3) mature trees, which were to 'be saved; reduced the landscaping by 2000 square feet; failed to provide required tree preservation measures; and replaced an old style rail fence with a con- crete block wall. 4. COMPLIANCE WITH STANDARDS AND CONDITIONS: The Planned Development included a number of additional standards and conditions which have not yet been complied with. Those additional standards and conditions are cir- cled on the attached list. .r '.' .. ,',-.' .' .--~-~_. ,.. in~tead of the concrete block wall. 3. - B. Require a precise landscaping plan, prepared by a landscape Architect to the satisfaction of the Planning Director and require in~ensification of landscaping to compensate for the value of land- scaping lost due to revisions to the parking lot design. . 4. - A. Require the applicant to meet all applicable standards and con~ ditions of the Planned Development except as modified by the City Council. 4. - B. Review and modify the condi- tions of approval. ~::, ". \ , _, .... ....~,.,_._ ,. ,,,-... ;' ,.~:-:1.'i".. :.<;-r~; .; .-.:'t . .. THE CITY OF DUBLIN P,O, Eox 2340 . D..blln, CA 94566 1415) 829.3543 MEMORANDUM November 19, 1982 TO: Dublin City Council FROl'I: Director of Planning SUBJECT: Green Store Nodifications BACKGROUND: The Green Store on the south east corner of Donlon Way and Dublin Blvd. was permitted to be expanded in size as part of Alameda County Zoning Unit 1362 (Adopted by the Board of Supervisors 9/19/78). Zoning Unit 1362 approves a Planned Development for office and limited retail uses. It was approved subject to a specific site plan. Architectural requirements which were intended to protect the historic features of the Green Store were also established. The architectural drawings and site plan were approved in 1978. Building Permits were issued for the Green Store renovation and exoansion on February 18, 1982. subsequent to that time, a" significant amou~t of work" has taken place. On November 1, 1982, the applicant, at the request of the City's Building Inspector, submitted a revised site plan which was to be consistent with the site work that was already being constructed. A field investigation and record search shoHed that the current construction was not consistent with either the approved development plans or the approved building plans. Questions were also raised as to if the constru- ction and revisions to the site plan and land uses were consistent with zoning requirements. On November 15th another revised site plan was submitted to the Planni~g Department. It is substantially accurate in terms of showing the site plan as it is now being constructed. Because of the numerouS changes and lack of Building and Planning Department approvals for the changes the Green Store construction has been stopped. SUl-U'Li\RY OF Ki\JOR CONSTRUCTION AND USE CHANGES: The applicant, Nichandros Development, has been requested to provide precise plans which ShOH what are the existing conditions and intended uses. With available information we have assembled, the following list of changes that have been made without City approval, and do not appear to comply with the conditions of approval as established by the Board of supervisors on 9/19/78 and 12/14/78. Once the revised information is submitted, a detailed check and analysis will be done. " " " ,:J..' '. \ (~' ~::~~:-;.j.~;~{~:.~~p; .'::0: :,_.:~:;:,~.: :f~ Green Store Modifications Page Two i I I I I I ! I I I I I , ! i ! i , ! ! 1. The south elevation of the building .is not the same as initially shown along with the Staff Report dated-November 20, 1978, or as approved by the Buildi~g Inspection Department (BIQ) February 18, 1982. 2. The size and configuration of the par~ing lot has been changed to a considerable degree. Parking stalls do not conform to the minimum size requirements of the Zoning Ordinance. Back-up and aisle width is also non-conforming. The circular circulation pattern has been made into two dead-end aisles without turn-around area. 3. Additional parking spaces have been added which eliminiates almost 2,000 square feet of landscaping. 4. Three established trees, which were shown on Exhibit A, approved by the Board of Supervisors on 12/14/78 to be saved and most recently on the Site Plan received November 1, 1~821 have been removed. And tree preservation techniques have not been installed for the remaining trees. 5. An outdoor eating area, which was shown as being on-grade, has been expanded in" size and is now approximately 3 feet below grade. The approved number of parking spaces does not appear to be enough to meet additional parking requirements which corne in to play because of the addition of the outdoor eating area. The landscaping that was shown on the BID approved plans has been revised and it is unlikely that the same landscape transition between the parking lot and the b~ilding can take place. 6. A 41 high concrete block wall has been constructed in the westerly landscape area. It is presumed that dirt will be piled up against it to create a berm to screen the parking lot from view from Donlon. This area was previously shown to be an open landscaped area with a rail fence to match that used throughout the remainder of the project. 7. No revised drainage plan has been submitted. A recent storm caused 3" to 611 of water to collect over several of the easterly concrete paved parking spaces. This condition will need to be corrected if these added, and as yet unapproved, spaces are permitted to remain. A review of the County Conditions of Approval also shows that: 1. A revised landscape plan and irrigation plan which mesh with the revised site plan need to be submitted to the City for review and approval. 2. Concrete curbing around all paved parking and landscaped areas will need to be installed. >, ~.. ';',' ". '. " G,,':.:' '<":::'..~::;'~<;:.i:':.:^,::". .' ( Green Store Modifications' Page Three 3. plans for exterior lighting, signing and screening of utility meters still need to be submitted to the City for review and approval. The work to date is also in conflict with Condition 417, which says that the site design, landscaping, parking layout, architectural style, exterior building materials, exterior colors, floo~ plans, lighting and signing shall be approved by the Planning Cornmissi~n prior to issuance of any Building Permit. The changes have not received such an approval. There are several lessor conditions which still need to be met. Copies of the specific conditions of approval by the Board of. Supervisors on December 14, 1978, and September 19, 1978, are attached. Also attached is the Staff Analysis dated November 20, 1978, with elevations. SUMMARY: Many physical changes have been made to the Green Store's site plan, landscaping ,-land use intensity, and architecture. These changes have not been made with the approval of ,the Building Department or Planning Department. They are inconsistent with the approvals previously granted by the Alameda County Board of Supervisors. Some changes are also inconsistent with Zoning Ordinance regulations e.g. amount, size, and configuration of parking stalls. Attachments: Exhibit A - Conditions Supervisors of Aooroval by Board of l2/l4i78 Exhibit B - Conditions of Anoroval by Board of Supervisors 9/19i78 Exhibit C - Staff ~~alysis 11/20/78 ". t. ,;!... '. \. &t... (~ '.,'#' -....-" ....", . ---- 1:'~'";" : : . .~-:~.;:. ':;' , ;. - AN ORDINANCE OF THE CITY OF DUBLIN REGULATING MASSAGE ESTABLISHMENTS AND MASSAGE SERVICES ~ ~,...' -:..-':: '. . ~e 'City Council of the City of Dublin does' ordain as follows: .Section 1: . DEFINITIONS. Unless the 'provision or context otherwise requires, the definitions contained herein shall govern the construction of this ordinance. :.:_:.:;~>." ':"~"(';;"'_':;~~~:.~\: . (a) 'APPLICANT. applies for. (b) BONA FIDE NONPROFIT CLUB. ".;.....Bona:fid~.~~ono.rofit club" ", shall mean any fraternal, ':charitable;"-~reilgious," benevolent or any other nonprofit organizatin having a regular membership association'primarily for mutual social,"rnental, political and civic welfare, to which admission is limited to the members and 'guests and revenue accruing therefrom is to be used exclusively for the benevolent purposes of said organization and ~hich organization or agency is exempt from taxation under the Internal Revenue Laws of the United States as a bona fide fraternal, charitable, religious, benevolent or nonprofit organization. . . (c) EMPLOYEE. "E.:nployee" shall mean any person, other than the masseurs or mas~euses, who renders any service to the permittee, who receives compensation directly from theoermittee, and who has no physical contact with the customers and clients. (d) HEALTH OFFICER. "Health officer" shall m~2.n the Eealth Officer of the County of Alameda or his authorized representative. (e) MASSAGE. "Massage" shall mean any method of pressure on or friction against, or stroking, kneading, rubbing, tapping, pounding, vibrating, or stimulating of the external parts of the body with the hands or with the aid of any mechanical or electrical apparatus or appliance, with or without such supplementary aids as rubbing alcohol, liniment, antiseptic, oil, powder, cream, lotion, ointment or other similar preparation commonly used in this practice. -t.! '''...', : ~~ - '-, ~.'.-'; (~:~~ >:?~~~?:~~~~,~~:~~:~~:,,~~:,.~~~(~~j ~.'~::~~~::::?'~~;~~?~~~~~'~L~;:~::':" -..~',~ ' '.' " '::""-,"':""',,\'."!.-:;;..\';';F'."""-;":' II-ZfAP,C."'I'IN RC[L'f :~. '..,.'. ;".,/ :.-::' ~~; ~.::~;;Wi:tf:,N~;~~;i~~NM~~~~JW'F~~; ,:.,;. ., -',....':.... .,-,::."","';'i:;::"""v.:.:~"":,,;:,,,;:""""'~ THEN t':;...:,\>}.,~;i;:~~'L~~;::.S:~\:i~:v?lf~~~~W~~~ll~~~~ ~ev/^,APC~ ~SVl~..-.c., ""l\.~'5a.<;1,e f.~ta.~ '5"""''''-1. ~.f"".\ ;'" ',,".h",'~,(~., :,:~'I..,:....::Jo<rt~~" -.1--, ,':'.~~\~~tS;h, :\;\\,~:..,..r...,~~. ',' ' (f) . tf1ll.. . 'V" " ...,' "... MASSAGE ESTABLISHMENT.' IIMassage establishment". sh"all mean any establishment having a fixed place of business where any person engages in or carries on or permits to be engaged in or carried on" any of the activities described in'sub-section (e). Any establishment engaged in or carrying on, or permitting any combination of massage and bath house shall be deemed a massage establishment. (g) MASSEUR OR MASSEUSE. "Masseur- or "Masseuse" shall means any person who, for any consideration whatsoever, engages in "the practice of massage as herein defined. (h) OUT CALL MASSAGE SERVICE. "Out call massage service" shall mean engaging in o~ carrying on the practice of massage, not at a fixed ~ocation licensed as a massage establishment, but at a ~ocation designated by the permittee, :masseur or masseus~,' customer or .client. (i) . PERMITTEE. "Permittee" shall mean any person operating or maintaining a massage establishment. (j) PERSON. "Person" _ shall mean any individual, copartnership, fi~. association, joint stock company, corporation or combination of individuals of whatever form or character. (k) RECOGNIZED SCHOOL. "Recognized schooli. shall mean any school or institution of 'learnina which has for its purpose the teaching of the theo~y, method, profession, or work-of massage, which school requires a resident course of study not less than one hundred (100) hours, at least seventy-five (75) hours of which shall be classroom instruction, to be given before the student shall be furnished with a diploma or certificate of graduation from such school or institution of learning following the successful completion of such course of studY or learning, and which school has been aooroved purs~ant to Section 29007.5 of the Education Code of the State of California. t\ "'.' ~:'I:'F;{;~f;i1~it_~i~~;~~r;;'~;~,;;;"',;J;:~,,;~,,,,:;~,:.". _~ . .\.......... .~.. . _""',~ ,.,.~~...\..ll".~,\...".... ~\t,"-~\~""~Jlll'"...}~~~~.... ," "'~'. \' \ ..."...-"..... ~~. ::'\' ~"~"".l,....-~ ~...-\..\',.,..I..... . .,' .... ", , . _,.. '_ ". . t" _', .,~ t._ . _.. ..:~~:",.,:.,"t_":i!.;;'" ~'f.\\"n....~\"-..,''I...'''i'''',,' '~:'1 .":l'~" .....;~,::...~ ..;. ~_"'~.' ....;:...), \:!,li,.:.,' ~''',,;'-'''''' " ~.' , " ~:.;..:.... . -. ',., '".. .- " ( I.:;". ;~,:;:'1.P'"'''X,i'):..:t1~;;\~;;:';.:';:'J';::; '.. '...:,.;'/,.~,~..., /'" .." .'. ,..~.. " :~q14{J;t!.tp"';0J,"~'~:}"""J'I.;"')""t!'J "~'''r'-(''':''..~ ~.:'", "..' '; "', , ''''I~~l:/'~./.'.,.~''t';''~'',t...;~..., "I..:.J~;";.'~ .... '. , .' , .' I ,&f ,'7. ";/.- ,\~r-r.." ~ I.':; .,' .,;. .,. ...J.,' '.J t.. ....' . . .:.;.:;:. .': ~r.::W!t~f~h;t~0~\>{:~~::~>~ >~")':.' : :" . .. '~'. . .~ , .' ....;/~..;.:'...~'. '.~. ._'J ,~.."'~~~~~;:::::;.; ~/].;..:;~;] ..;~ ;;,..:~~~~~.:.j..:~i~:';';~':l ~::.~. :;,~~~~'~J.1:...':~...~~::.J:i:.;~;, ~;-~~: ....~.... '. - (-, .-:i,) -:;." (;} .;.)' Section 2: PERMIT REQUIRED FOR MASSAGE ESTABLISHMENT. No person shall engage in, conduct or carry oni" or permit to be engaged in, conducted or carried on, in or upon. any premises in the City of Dublin, the operation of a massage establishment without first having obtained a permit therefor from the Cnief of Police in accordance with the provisions of this ordinance~ A bona fide non-profit club shall not be required to obtain a permit but must conform to all applicable building, health, fire and zoning laws~ A separate permit must be obtained for each branch location in which the operation of a massage establishment is to be carried on. Section 3: DISPLAY OF PE&~IT: MASSAGE ESTABLISHMENT. Every massage establishment permit issued pursuant to the provisions of this Chapter. shall at all times be displayed in a conspicuous place within the massage establishment. Section 4: ~ASSEUR OR MASSEUSE PERMIT REQUIRED. No person shall, in or upon any premises in the City of DUblin, act in the capacity of masseur or masseuse without first having obtained a permit therefor from the Chief of Police in accordance with the provisions of this ordinance. Section 5: IDENTIFICATION N~~~PLATE. Every person acting in the caoacity of masseur or masseuse shall, at all times when so engaged, wear on the front of his .or her outermost garment an identification nameplate containing his or her photograph, name and per~it number. Section 6: NON-TRANSFERABILITY. No permit issued pursuant to the provisions of this ordinance is transferable to any other person or location. Section 7: APPLICATION: ~~SSrlGE ESTABLISHMEN~ PER~IT. An aoolication for a massage establishment permit shall be submitted to. the Chief of Police on forms provided by him. Such forms shall require submission of the following information: t~. .'." , , ,', .~. ...." "',' '~" .J' ",~ I'J'r)' ,,,'''1.'1;~111'''-'''''~7J';':7'',~r:r,'' .~.. ," '/t""'IJ ",.' p' J,d",,,,,, . ( """""')""""'/":"/,"'~"'l~f:I"'!!i:.i;:r).Jtt ;~,MI.'...I"""I~' -, ::::.,..~~.:.;.,::~..-.~,~,!;...:.~:....,..:,;.;.~...~.~.~;.~..~;:;..~.:..~:;~.:.':::;:'{:.:~f;i<;':.~~.':.:.~,'.~~.';'.,~.,~.-:.." '.~., : .. :. ::../ ';:.:. \!:[~;/:J,!~:;;1';~?:t:ili(,i. J8!~~}{ !:?~/:'~5;;;;~;' .,... .' . . :':',; .,;....I:::..,~..'.'. .,/f..J-:/~'::};.."W?t!~'t-:{";,~~,'"":",,,,, .. ,,' I. . '.. 11,>"':',':'~..{'"'1:'lrJ'f..l:';>,,;"~' . ...... ......">",......_...d~c:~~".'>_.~j!~RY1'l~L ..'. . r=::.: .':~: @ (a) The exact nature of the massage to be administered, the proposed place of bU5ine5s~and facilities therefor, and the name and address of ~he.applicant~ (b) The two (2) previous addresses immediately prior to the present address of the applicant_ (c) Written proof that the applicant is at least eighteen (18) years of age. (d) (e) Applicant's height, weight, color of eyes and hair. Two (2) portrait photographs of the applicant at least 2" x 2". (f) Business, occupation, or employment of the aoolicant for the three (3) years immediately preceding th~-date of application. (g) The massage or similar business license history of the. applicant; whether such person, in previously operating in this or another city, county or state under license, has had such license revoked or suspended, the reason therefor, and the business activity or occupation subsequent to such action of suspension or revocation. (h) All criminal convictions except minor traffic violations 4 (i) Fingerprints of the applicant_ (j) The Social Security number and driver's license number of the applicant. (k) Such other identification and information as deemed necessary by the Chief of Police. ~'. " . \ ,~ A.:-;.....1..""~:'~..,'hJ.'~".."r.",.~/~,.:..4..."~",.'.I.-'.~..1,....-~..'.""~',..,'.c::;, ...,..~--'.I ~_. ..... r~' 1:'~jfA1{:fl~!l1lei,~,~b }'/~.ii~rJd~! 1;;I~ ,~V/ \;*7.;~:;;1';i~r:~:J:?2~h~:~~?i>>~~~:I "'llJ~f~};i;;~~W!'~';;J.:;~.:'t.;i :'\:d-: -. ~;'.!:'l~'1i..';/:"f'''"ff "(1,::/!;I'..:;tJ..'t!J.!t./~~':;;'''''' t~, ,1~lr.f',v/h.F}J;,.,;.,;.,~;(~.cf-~l'~" ,~ v-~,/(lt{.~~::"._~I(/.t';.t-:.""...It:f'.'?:}~ .;:'.: , ""~',-;!.:,t::._',""~,,,,, ~'fR/:":J.},t't" ~~~"~/!"'.~T~I~.'''' ;.1:,1. ;~.::/."ttll.d':"':/~"li~,3'1 (" 'f1;;~ ,~"'/.;:'f;"L'..J?'~"'!l;J"',1IW-:j'~I-'o-,.~it.~;I.:";':'",,-~,:~ " .1.", '.' .I".~ '''....t?, l"hl""fM ~.~ t",...~" ., ~"I 'r:.,J;."'~-:1.t' ,.v,':ijt7"1'72i(l.-j"" J:"?:l "":"",~. ...." ." :":'; ,~,~"/:::.,.;':{~:~' ~ 1.:....' 'i~(:fJ.:r.,..'!t~~'.J; i ~ ";"~)~ 1,'.il'.'j'P.:~r).J{rt:~~..lSY!tt~';-:'~r. J' ;:r;!iYdf.V;~l,,:.)~1.':r;:;;~';;7./';f;:':';::Io::"i.. ~.:.::~: ';.' . :. :'.'::':';:7.:: ,:,;.I~"~:I: ~ J':J;f:-!J::y..~r, 2-.~';.";';'''.; :J.'7f:~':.~'j.'~'.y;".."::~'f;,>';:-;:J..:~;:':~:l;f~;}'i;!:i:JJj/!;4.~~,:J:.f!~',;:f!:.JI~'Z'!:':~::-';Z:;';"".::"';' ~. '. . .' . .. ".. ., ~ '.,' " ".f. t,(' ""';' . ~.' " "'" ../~.. . . ;'..'" v...f (..",,,.- II '.>1"," ......,11.. -:.......!if.' .~J.('t!J'.,,-..J.,I{f') . . . .., I,. .~.. '/' ... .;~~~.~~L:,'-'i:Lt:~ ~~,~ilr{~~fl~;~~1:~_;:1,~~'_~;}i::;1~~2wrtJ~~jf~?I;f?~L.. ~ .. o ,/0, "'~:~ .;@ ;".':, Section 8: CORPORATE APPLICANT. If the applicant is a corporation, the name of the corpora~ion exactly as shown in its articles of incorporation and the add~ess of the principal office of the corporation shall be set forth in the application. In addition thereto, the information required by Section 7 shall be submitted for each of the officers, directors, stockholders and managing employees of the corporation. section 9: PARTNERSHIP APPLICANT. If the applicant is a partnership or any other form of unincorporated association, the name of the partnership or association exactly as shown in its partnership agreement or other document creating the association and the address of the principal office of the partnership or association shall be set forth in the application~ In addition thereto, the information required by Section 7 shall be submitted for each of the partners, including limited partners, members and managing employees of the partnership or assaciation~ If any partner, member or manager is a corporation, the provisions of section a shall be applicable to such corporati6n~ Section 10: VERIFICATION OF APPLICATIONS. All applicants shall sign a declaration under penalty of perjury that the information contained in or submitted with the application is true. Section 11: ISSUANCE OR DENIAL OF PERMIT~ The Chief of Police shall, within thirty (30) days after receipt of an application comolying with all the provisions of this ordinance, issue a pe~it or deliver to the applicant, personally or by mail, writte~ notice of denial of the perillit, setting forth the reason or reasons therefor, in accordance with the provisions of Section 12, section 12: GROUNDS FOR DENIAL OF PERMIT.. The Chief of Police shall deny the permit if he finds: (a) That any information contained in or submitted with the application is not true: or (b) That the operation as proposed by the applicant would not comply with any provision of this Chapter or any other ordinance or regulation of the City of Dublin or any statute or regulation of the State of California: or '~l~ .. 0, ^ .~ '. \ \ . !. ':;)!:~k.,.,....,;.:"._~,.":,,,'.:,:,'.'....:..'.:..:.:,-.:....'~.....;,'.....,'.:...('..-.r.:....~.',;;.'.~:.....',.~.',:.:::..._;:".::.r............!..:;~.f;...~..:...,...:.,."....::........,...,;.'...c......:.':.r....:.,.... .'_", . . . .._. ", :~'...'.~"~~' .:; ".' . .. . . .. .... f'/.!,~i; ":;;';~;iJ'!~['i{i~i;W, ',' ," ._.:r.'-"...,,'" /,,;'i.;: .'... . ;,~..'_""".::."_.,..:,.'. .,.... . ....,...,-' ",'. . .,' ,~" ,; .,....:.,.~;.~; .;,~"-:~;":j,;,.~,,~,,,,;;, ,J,;' /. J)"':i:.;-.;.:,.-";.',,.::..:~~;:L,;;'... r.;, r.:} (e) ":0" (el That any person referred to in Sections 7, 8 or 9 or any other person who would be directly engaged in the management and operation.af.the massage establishment has been convicted of any of the following offenses or convicted of an offense without the State of California that would have constituted any of the following offenses if committed within the State of California. (1) An offense involving conduct which recuires registration pursuant to Section 290 ~f the Penal Code: (2) ~n offense involving the use of force and violence upon the person of another that amounts to a felony; (3) Pu, offense involving sexual misconduct with children: (4) An offense as defined in Sections 315, 316, 318, 647(b) or 647b of the Penal Code of the State of California: or (d) That, for any other reason, the operation as proposed would be detrimental to the public peace, health, safety, morals or welfare or to neighboring property. section 13: REVOCATION OF PERMIT. The Chief of Police shall revoke a permit issued pursuant to the provisions of this ordinance if: (a) He subsequently determines that facts exist which, unde~ the provisions of Section 12, would have required denial of the permit at the time of application; or (b) Subseauent occurrences create a situation which, under the p;ovisions of Section 12, would have required denial of the permit hac the situation existed at the time of application; or l,:o. ,~, ;';.'.' ""I"':"'il"I//C'J~"",;',j~ ,',',: ',.",:1';' ;-"";.':.,,(,',.. "'''''/_ ," ....~'1 ""t r' 0' .'''. f I'/~u ~,,'- .,." : /,' '..;(. :>t '.' '.! ':-1"~:':' ,.,....'.,-, I, ~ I... .l.,/~rr: ~~jr'J f","I~ ,':1,'" '..~ ~" W',"~~', '~"!' 1 j,t;~I_..::~~;~ :r,I, ~-:..-...: ,...4 IJ:''',' 0'/''''' ~,"r-,T''''(.''~'''''' ;-;. L. -;', ..,.. ... r " J' ~,.,r.;i"j(f. ~1t'l~~'b'/"'Y,'" ...",,-:.'Ju"'i'f<J:rr.- "1"" ""'l:r',,,~I.' ~,~ '.' :'. ;. . .:.: 1~.:1.~7.,;:.,:'1:'{.';;;, ;: o,';::!'" ,',"} ~I:JI-:~~l' .r:~'(II..,:;:..;.. ,(,.:}.,.."')',~J'J,:.~~""t:,.;- :J'pl,'r:l{' .:..,~r~~';c.'j"..j1~'~7,_"'f.:~}~~":.;"-~' '.,' ',~; /. .';.~:" -';::'.'./; '{;"I":: i~':: {;;;~V,,;r'1 ~J;.i~:-~.;~);-!llr;~;,:!:.:;}'.:..N~~.ir;r.:.> '~I';}'~i.'i4,,~~~~~".rlfr;?,t~~r~1f:;7ir,~{~_"';''':fl-;'".'"-..\.'' " ~~):'::'_:~;'~;r~!lI[ifE!~~~~~~1{J'!~~,!-':~ r,~~-; , ., ",'. -_';,:J';; "\\'-~-' :;-':'''' '. .:;;'~:~'fJ~};;;~}J~U:;&'?;:~,i,: . ,<-: o ',,~_," h"':i :,,,,-r.,_ - '..'" -," ~", . " '..-~: '-;", ; '.' ~,:~ (c) ., '. ,. '['f '--::".~" ",I; ---; "" _~: -.>.';". ': _7':-_:~~-::~(,' .f" {"~ " . A masseur or masseuse permit-previously"issued to any employee of, or other pers~n engaged in~"; the operation is revoked pursuant to th~~provisions of Section 19 of' this ordinance, for any act known to, and consented to by, any of the persons described in Section 7, 8 or 9. Consent to such act shall be conclusively presumed if the person having committed such act is permitted to continue to be employed or engaged in, the operation subsequent to the time that knowledge of the occurrence of such act is acquired by any of the persons described in Sections 7, 8 or 9. -"",-...; ..",,', , Notice of revocation of the permit shall be given in writing to the permittee by the Chief of Police. The permittee shall cease all operations under the permit within ninty-six (96) hours of delivery of said notice, unless a~otice of appeal is filed pursuant to the provisions of Section 14. Section 14: . APPEAL. An applicant or permittee may appeal any action or determination of the Chief of Police under the provisions of this ordinance to the City Manager pursuant to the provisions of Section 7(a), (c) and (d) of Ordinance No. -86 by filing written notice thereof with the City Clerk not Tater than ninety-six (96) hours after the delivery of any written notice given by the Chief of Police. The effect of revocation of a permit shall be suspended by the filing of a notice of appeal until the deter~ination of the appeal by the City Manaser. Section 15: ~AILED NOTICE. provisions of this ordinance (24) hours after its deposit Section 16: ~~SSEUR OR ~_~SSEUSE PERMIT: APPLICATION PROCEDURE, An apolication for a masseur or masseuse permit shall be submittec to th~ Chief of police on forms provided by him. Such forms s~all require submission of the following information: ~~y notice mailed pursuant to the shall be deemed delivered twenty-four in a post office or mailbox. (a) The name and residence address of the applicant~ (b) The name and address of the recognized school attendee, the dates attended and a copy of the diploma or certificate of graduation awarded the applicant show ins the applicant has compl:ted not less than one hundred (100) hours of instruct~on, at least seventy-five (75) hours of which shall be classroom instruction~ (c) All the information required by. subdivisions (~) throush (k) of Section 7. t.. >,Ii i. '. \ ~ ; : .'. .,~ 0',-;--;': ..... '. i~:;fJ~;:Df/:':. ~r~Fi:";::' ,~: ;;;.~ :.' '.',.-:" .'!_;~.r.:, ;,:;_,; .',. ";', ...... J. "; <, .-,".;;". . "',', " . " ,f ,- ~ '1/. .", , .' ;. ,,) . /I'~;!I' 'I' . ~ , .." ( '" l-r . - ~ I ' I '(. "...;:;,A'"':f'/~-:"A.., : ~'f''''''i'''',' "j;' 1",~~"',':..I.;(,lfr%:vr..:'..'~;}~"~ ',; I . ~" "",,1. ~ ~,:.; .,/:-:.:~ .::~: ':":"!!.f.,Ir-:"- ;;~I;"t(.f. 'rC;J/.J.f=::.: "''',,:;, ;.':;4~.:':~' :::';. .. , ' ',('_ .;, ,," ,I., ,':'''1' ",..I'II','I/':,J.'t- Ap'~\l''I/.,;t}.rf/. ,"'1'/', ';:" .... ".~2~:~t2~1'1f(.:~_.. ~ ..; -,' .'.;~::.',' .. ,-,.~ "'. ::.:.:E....;::':c:.:...,;.';~..-,:. ',/.. c.) ., 'V, \~'b section 17: ISSUANCE OR DENIAL OF PERMIT. The Chief of Police shall, within twenty (20) days after receipt of an application complying with the all the provisions of this ordinance, issue a permit or deliver to the applicant, personally or by mail, written notice of denial of the permit, setting forth the reason or reasons therefor, in accordance with.~he provisions of Section 18. Section 18: GROUNDS FOR DENIAL OF PERMIT. The Chief of Police shall deny the permit if he finds: (a) That any information contained in or submitted with the application is not true; or (b) That the applicant has been convicted of any of the offenses listed in Section 12(c) hereof or convicted of an offense without the State of California that would have constituted any of such offenses if co~~itted within the State of California. section 19: REVOCATION OF PERMIT. The Cnief of Police shall revoke a permit issued pursuant to the provisions of this Article if: (aJ He subsequently determines that facts exist wn~cnt unde= the provisions of Section la, would have required denial of the permit at the time of application; or (b) subsequent occurrences create a situation which, under the provisions of Section 18, would have required denial of the permit had the situation existed at the time of application. Notice of revocation of the perillit shall be given in writing to the masseur or masseuse by the Chief of Police. The masseur or masseuse shall cease all operations under the permit within ninetv-six (96) hours of delivery of said notice, unless a notice of appeal is filed pursuant to the provisions of Section 14. section 20: FACILITIES NECESSARY. No per=Qt to conduct a massaae establishment shall be issued unless an inspection reveals that the establishment complies with the requirements of the construction codes set forth in City ordinances, and each of the following minimum requirements: (a) Construction of rooms used for toilets, tubs, steam baths, and showers shall be made waterproof with approved waterproofed materials. (b) For toilet roams, toilet .room ves~ibules and rooms containing bathtubs, there shall be a waterproof floo~ covering, which will be carried up all walls to a height of at least six (6) inches. Floors shall be caved liD on base with at least 3/4 inch cover. The walls of all~ toilet rooms and rooms containing bathtubs shall be finished to a heigpt of six (5) feet with a smooth, non-absorbent fini-S1\ surface 0:: Keene cement, tile, 0::- similar material. \ ',.... .' ".: .' , .'Il"n~'{l ,,:0:':" ,)~'I ''':1'''''11'''' ~;'~,fIJ'y.;t"-",,,"."4--; {'''j'''''f' -,<.'." ./ 'I .. . ~"'h' ,',':\.! 1,.1.-''''~/'?f''''~'-;f'::J'';'''')'l'''"f:' W".JI;l'.~'-I."I,,;"':I'.::~,~.M,~;[';/~'f~.~J'.,'t;!:r.. ~:;.I.~.".. ':",." ". ;' ,_!;:~~:":!:::~Sl~~~r~~j~f~{~?!"_:~<_. " : 1> f.:.~? n (el Steam rooms and shower compartments shall have waterproof floors, walls ,apd ceilings. (d) Section 21: Floors of wet and dry heat" rooms shall be adequately pitched to one (1) or more floor drains properly connected to the sewer. (Exception: dry heat rooms with wooden floors need not be provided with pitched floors and floor drains.) (e) A source of hot water must be available within the immediate vicinity of dry and wet heat rooms to facilitate cleaning. (f) Separate toilet facilities for eacn sex shall be provided in conve~ient locations. All toilet facilities shall be equipped with s~lf-closing doors opening in the direction of ingress to such facilities. Toilets .shall be designated as to the sex accommodated therein. (g) Lavatories or wash basins provided with both hot and cold running water shall be installed in either the toilet room or the vestibule. Lavatories or wash basins shall be provided with soap in a dispenser and with sanitary towels. (h) All portions of massage establishments and baths shall be provided with adequate light and ventilation by means of windows or skylights with an area of not less than one-eighth (l/Bth) of the total floor area, or shall be provided with approved artificial light and a mechanical operating ventilating system. Wnen windows or skylights are used for ventilations, at least one-half (1/2) of the total required window area shall be operable. To allow for adequate ventilation, cubicles, rooms, and areas provided for patrons' use not served directly by a required window, skylight, or rnec~anical system of ventilation shall be constructed so that the heiaht of partitions does not exceed seventy-five percent (75%) 0: the floor-to-ceiling height of the area in which they are located. All electrical aODliances used in the ooeration of the establishment sh~il comply with the pro~isions of City ordinances. OPER..l\TING R=:QUIRnIENTS. (a) Every portion of a massage establishment, including appliances, apparatus. and personnel shall be kept clea~ and operated in a ~Fnitary condition. :<. '. "; . ~. .. ;';.,~';';:.~' :.::. ':'.~./'?-, ,~- '::p..:i~::,~,~.:~'~":{':ff';;;;.;{;':~.;!~';;;:::,i'::'?-::.:.;;,.;~':r."1{~~~X':i.:>.:';;;:' ;:,",:-.:.::.; ::'(I.'~';~;:':,'~:';'> . '. ",f' '. -l " ":,;.: ~,~ :":'i.": ';, ';";''f'..:.j:;'"h[::rrf1.'rJqi~;J;,''f':'''''~II.:.J;''~'1(.i!."., , ~ 'd.~'1 ~~ ", /... .; ;",' ,t, ..- .,:.'. '.. . C'C'" cc"~".~.:!I~j!~~~Ii::~I~f!Jjl~(" @.... ~ ..~, ... c\ ~;,1; (b) All masseurs, masseuses and employees shall be clean and wear clean outer garments. whose use is restricted to the .massage establishment. S~ch garments shall cover completely the buttocks,-genitals and pubic hair, and, in the case of females, all portions of the breasts below the uppermost part of the aureolae of the nipples. provision of a separate dressing room for each sex must be available on the premises with individual lockers for each employee. Doors to such dressing rooms shall open inward and shall be self-closing. (c) All massage establishments shall.be provided with clean, laundered sheets and towels in sufficient quantity and shall be laundered after each use thereof and stored in an aooroved, sanitary manner. No towels or sheets shall be l~;ndered or dried in any massage establishment unless such establishment is provided with aporoved laundry facilities for such laundry and dryi~g. Approved receptacles shall be provided for the storage of soiled linens and paper towels. (d) Wet and dry heat rooms, shower compartments, and toilet rooms shall be thoroughly cleaned each day the business is in operation. Bathtubs shall be thoroughly cleaned after each use. Section 22: DAILY REGISTER. Every permittee shall keep a daily register, approved as to for~ by the Chief of POlice, of all patrons, with n~esl a~dressses a~d ho~rs of ~rrival. and the rco~s or cubicles ass~gned, ~f any. Sa~d da11y reg1ster snaIl at all times during business hours be subject to inspection by the Chief of police or Health Officer or their representatives, and shall be kept on file for one (1) year. Section 23: INSPECTION. establishment shall allow by the Chief of Police or representatives. Every permittee operating a massage insgection thereof during business hou~s tne Health Officer or their Section 24: ADVERTISING. No massage establisnment granted a permit under the provisions of this ordin:nce shall.pla~;1 publish or distribute or cause to be placed, pub11shed or d1str~outed any advertising matter that depicts any portion of the human body that would reasonably suggest to prospective patrons that any service is available other than those services described in Section lee) nor shall any massage establishment indicate in the text of such advertising that any service is available other than those services described in Section 1(e). }> .'.'. ....')'f/. "\'t'~'.~","".,1 ,'''', .-" ..."....... r"'~'tf'Y~"""';"4t."ii.:-;J:~'j,I.' ," ". ,- . :.:;;{i:;;.6:;~:;::;~*~r:2.~,~~r':::~~?~'1~:"~~~ ::,:.;~[.{ 'q'~~~~r(fif.i~!tj;.tw1~!.: l~~irjf,ti~~ !;I,{a~r-:t}c.;1;;~if;:r.{fit}{~.~~ ~... . .....::~..1'...1f~~';;:'1.1.: ,.~'~i:'J.....",) (J..~;(, ,(.I'.'f;~.,'rt'f.t:.l...;;.. '/!!rL!l11rj/ w.,..~..~1tA';' .,(':'fI..r.A",'...;'.'rl>:-;-L~",J.~-,;_...~I: . , ". " .:, . ,'" " , ," ,0' ,'" '1',. . .,:I~: .1;"(1,"1, "r:'.'~'~I'".,(!!';,~ ~u,;mJ~' .r1'; 1afft~"fI"'!A.',...."",,:"...r"~"'fl,Y...c; !:;;';'~"i "I ;.' """ . :.;-, :,,;. " " , ",.,':~' ..... ~_ ";"': ,V".:','> :::.:~!tl;::"-f!;.4!}/,':~;J.C:!k;7ft.:;~~1Jj[l1t .-l~.l~j'.:f,;:~.~;it'ffJ";!.~'0";/':J..l-i'\'.- ;'" ::. . .,_. ,..,,', ~ . _. .. ..........H../;,.....;. "~11-.~\.....,;..r:\.,~..~~0./.o:l~;{!~.~ ..;, '/O} ~. .....-1.1.... - . '......'...:::;]"TIfEf~.'ll~~1~tIIrf:i~i2.,',., " " . . . .. _',' ':. ...._.-'</~~"-:~:-;;: :::.~j~:-.:',..:_:. ",'.W, ~':.';.. .c. . Section 25: LCr;;;~BLE CUBICLE :;No" n;;,,~~~g~:~:?b~ i~~;';:i~d' on within any cub1l.:;'J, room, booth 'oratiy :are~~ithin 'a massage .... .' establishment, whicl:"~_~.7~~i1::ted '~it~.'~~<:door.' ~~pab.le '~f being locked . _....,:;.:~:~~.-::1.:;.:::~~.~:-: :;~;'- ,; <-;. t ':.';'_: :::'::-~f/:~~t(Sit/j~~:~~.3; ~:i'~' ;~.,::/' Section 26: UNLICENSED MASSEUR OR 'MASSEUSE. ";:;:,No ':i;ennittee "shall employ as a masseur or masseuse any J2erson who does not ',possess a valid unrevoked and unexpired permit. issued pursuant to the - provisions of this ordinance." . Section 27: EMPLOYMENT OF MINORS'- No pennittee shall employ either as a masseur or masseuse or other employee any pers~n unde~ the age of eighteen (18) years. ' Section 28: in out call OUT CALL MASS~.GE massage services. SERVICES. No person shall engage Section 29: MASSAGE BY CUSTOMER. eNo 'customer or client of a massage establishment shall massage a masseur, masseuse or any other person within a massage establishment. .. -- . . Section 30: EXCEPTIONS. The provisions of'this Chapter shall shall not apply to: hospitals, nursing homes, sanitaria, or persons holding an unrevoked certificate to practice the healing arts under the laws of the State of California, or persons working under the direction of any such persons or in any such establishments, nor shall this ordinance apply to barbers or cosmetologists lawfully carrying out their particular profession or business and holding a valid, unrevoked license or 'certificate of registration issued by the State of California. Section 31. PER21IT FEE. No permit shall be issued hereunder until the appropriate fee has been paid. The fee for a massaae establishment permit and a masseur or masseuse permit shall b; as established by the city Council by resolution. Section 32. EFFECTIVE DATE AND POSTING OF ORDIN&~CE. This Ordinance shall take effect and be in force thirty (30) days from and after the date of its passage. The City Clerk of the City of Dublin shall cause this Ordinance to be posted in at least three (3) public places in the City of Dublin in accordance with Section 36933 of the Government Code of the State of California. PASSED &~D ADOPTED by the on this 12th day of Janua:r-y City Council of the City of Dubli~ , 1987, by the following vote: NOES, Councilmembers Hegarty, Moffatt, Snyder, Vonheecer and Mayor Jeffery None '. AYES, ABSENT: None j), -,~ ,j \" ...----' " -""-- l../ o Mayor / I ATTEST, ~~,g(&L City l~l<: ~:, '. . ~. ~_:~.~:;~~ ~.;~!;~,:, ~.,:;-;,: .. . ;'U',;:i~:;:"1;/&~~\;k\1:~}:;;;;~,~~;:~~.. '-.'. • _ 4 1 , nr, • •■-■ . . -1 (.72-11 RtCE D .• • 17 12 7 •-.- Urn 3 CITY OF DUBLIN P.O. Box 2340 ptinuN PVG Dublin, CA 94568 (415) 829-4600 Planning Department . RECWIED (415) 829-4916 i .:,;. • 6500 Dublin Blvd. Suite D 117 Eff.: 1/84 Dublin:CA 94568 PLANNING APPLICATION FORM DUBLIN PLANNING Notes to Applicant: * Please discuss your proposal with Staff prior to carpleting the Planning Application form. * All items related to your specific type of application must be completed. * Since this is a comprehensive application form, sare of the items might not apply to your specific application. * Please print or type legibly. • * Attach additional sheets if necessary. 4':7 • -s4,01-,0o0 Z__ I. AUTHORIZATION OF PROPERTY OWNER . • A. PROPERTY OWN.ER: In signing this application,• I, as property owner, have full legal capacity to, and hereby do,authorize the filing of this application. I understand that conditions of approval are binding. I agree to be bound by those conditions, subject only to the right to object at the hearings or during the appeal period. • Name: Eri rEa_e Capacity: Property Cwner . Address: '1" p,:z 9 ç7 Phone: c4437- . C . cr 46:04- ) , Signature: . ) Date: 7— //_-, e 7 B. APPLICANT -a • I • THAN PROPERTY OrriNR: In signing this anolication, I, as acclicant, represent to have obtained authorization of the property owner to- file this application. I agree to be bound by conditions of ap.oroval, subject only to the richt to object at the hearings on the application. If this atplication has not be.-n sicned by the property owner,, I have attached separate dccurentation of full legal capacity - to file this application and agreerrent to conditions of approval, subject only to the right to object. at the hearings or during the appeal period. :Nang: Capacity: Addres1V342/2 z. Daytire Phone: ((fic) C pp', ( Signature: 91-/67-6? II. CERTIFICATION I certify that I have the authorization of the property owner to file this application. I further certify that the information and exhibits submitted are true and correct. Name: Capacity: Address: , Daytime Phone: ( ) ( ) Signature: Date: (OVER) - - • AN prk -.147 tar.l'irffnr'russsiery wet r • . . - I + • CITY OF DUBLIN • P.O..Box 2340 -. _ Dublin, CA 94568 14M3.19-4600 .anning Department (415) 829-4916 - R � � E D _i00 Dublin Blvd. Suite D _ blin.cA 94568 • iiJV 3 1E37 LANNiNG APPLICATION • •.FORiY1 . 7tes to Applicant: DUBLIN PLANNING . x Please discuss your propose_ w-i th Stafr: prier to completing the Planning ng Arol;eaticn form. -- * All items related to your SCEci ti C type cf app i?cation I st be c^ci _i ete. it Cinc°_ this is a cctr -rer=ensi a at_olicaticn form, some O_ the items might not apply to- your ss eeific acplicaticn. * Pleas print or type legibly. * Attach additional sheets if necessary. . AUTHORIZATION OF PROPERTY OWNER . A. PB0P7.7m' MI ER: In signing this ar.D_ca i cn, 1, as pro^_a tv Cwrle?r, have fall 1=c-1 caoacity to, and hereby do,aut_^.o_r_i ze the filing of this ppi_cat_ca understand - - L:.C._._arc._... that CCnd cis of acoroval .are binding_ I agree to be"hcurd by-hosa cord?ti Cns, subject only to the right to object a t_a 1,==r1,gs Or C:=ing t7., -, -1 period. io Nay-_,: /WI/ ROS/a , X /// G-D Capacity:. Property Cw er. 4fP /L Address: /2.ZSr e6: -7ief,Un &:— Daytime Phone: WO 7Y5--7 7 5 if./ zh,e-Lis -A-L/.l 1 K ( ) • S i criature ,� �- •. 1 - Date:. �,� �� A? .i CAN 177,-1 ';==N.PROPERTY CvV0.ii In signing ng tEl?s aco li ca icni, 1, as auolic nt -,-=,--,-=sent ed L'` ri_:=ion cf the proper-t Cyr to file t j5 ' to have CJ%ai�_ a G� _ .._ owner subject. only to t�e... rig:,a olicat_cr. I agree to be bcurc by cc citiens of approval, to object at the hearings Cr: the applicaticn. If this p l?cation has net c ec bv the prcc..rtty owner, I have attached seta ate decurenta trig, or full lega -'ac' • •1 - - to _i i e this aCDll catl cn and agreement to conditions cf approval, suo^e- ` right to cbje:.•t at the hearings or during the appeal period. - Name: Capacity: ddress Daytime ?ho ( ) ( ) Signature: Date: / CERTIFICATION - '. certify that I have the authorization C= i=_e p,r..o,-t V owner to file this 2:D_1 Ca`_Ci - ' further ce o_=v that the information and exhibits suh n BLS^_ are t`u= and c-rreet. Ca_acity• A:dress Daytime Phone: ( ) • ( ) S cnature: Bat : • - • • TRITCN % . 'm7111A;, Property ":4•• Management Y OF DUBLIN • Susan M. Green (415) 828-4512 I RECEIVED (415) 829-4600 Heritage Park Office Center (415) Civic Center Plaza ' H0 V 3 1.9 829-4916 8 11883 Dublin Blvd. •Suite B-135 •Dublin, CA 94568 Eff.: 1/84 DUBLIN PLANNING • • PLANNING APPLICATION FORM Notes to Applicant: discuss.your proposal with Staff prior to carpleting the Planning Application form. * All items related to your specific type of application must be carpleted. * Since this is a comprehensive application form, sate of the items might not apply to your specific application. * Please print or type legibly. • * Attach additional sheets if necessary. i. AUTHORIZATION OF PROPERTY OWNER A. PROPERTY OWNER: In signing this application, -I, as property owner, have full legal capacity,to, and hereby do,authorize the filing of this application. I understand . that conditions of approval are binding. - I agree to be bound by those conditions, subject only to the right to object at the hearings or during the =peal period_ f Nene: A (ip 1 tiec4-f-i 8-(tro texityapacity: Property avmer. Lim; r. ljatilEcfM:P rIti-c,Si-cfS • e7 .1c Address: c)sk En1 eTlk Jef'X 4,4_k ;Daytime Phone: tuQ ( ; i . ( ) ,- Signature: \ .ee)d_a 4 Cp.,...2t.)._/ Date: /I/ //.6 7 B. APPLICANT MIER-THAN PROPERTY,OWNER: In signing this application, I, as applicant, represent to -have obtained authorization of the prcverty owner to file this application. I agree to be bound by conditions of an,oroval, subject only to the right to object at the hearings on the application. If this anpLication has not been signed by the property owner, I have attached separate dcarrentation of full legal capacity to file this application and agreement to conditions of approval, subject only to the right to object at the hearings or during the appeal period. Name: Capacity: . Address Daytime Phone: ( ) ( ) Signature: Date: II. CERTIFICATION I certify that I have the authorization of the property owner to file this application. I further certify that the information and exhibits submitted are true and correct. , Name: tk' /./ . . Capacity: I 7-r-1 2-; (1,1 Address: ia I..1c Daytime Phone: ('-- 1 (r ) 6 «. • /-1 . ( , Signature: "7/1- C 1 Date: I - PORTOBELLO INVESTORS, PORTOBELLO/CHASE INVESTORS, a CALIFORNIA LIMITED PARTNERSHIP BY: TRITON PROPERTY MANAGEMENT, a CALIFORNIA CORPORATION, AGENT BY: SUSAN M. GREEN, PROPERTY MANAGER (OVER) . •