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Home My WebLink About06-05-1989 PC Agenda AGENDA CITY OF DUBLIN PLANNING COMMISSION Regular Meeting - Dublin Library Monday - 7:30 p.m. 7606 Amador Valley Blvd., Meeting Room June 5, 1989 1. CALL TO ORDER 2. ROLL CALL 3. PLEDGE OF ALLEGIANCE TO THE FLAG 4. ADDITIONS OR REVISIONS TO THE AGENDA 5. MINUTES OF PREVIOUS MEETING - May 1, 1989 and May 15, 1989 6. ORAL COMMUNICATION - At this time, members of the audience are permitted to address the Planning Commission on any item which is not on the Planning Commission agenda. Comments should not exceed 5 minutes. If any person feels that this is insufficient time to address his or her concern, that person should arrange with the Planning Director to have his or her particular concern placed on the agenda for a future meeting. 7. WRITTEN COMMUNICATIONS 8. PUBLIC HEARINGS 8.1 PA 88-109 Healy Variance - Appeal of the Zoning Administrator's decision to deny a variance request for a storage shed with an exterior sideyard setback of 8' where 15' minimum is required located at 7961 Shady Creek Road 8.2 PA 88-135 Shamrock Ford Conditional Use Permit request to continue operation of a new and used vehicle sales and service dealersihp at 6581 Amador Plaza Road 8.3 PA 89-046 Marg-Ett Arts & Crafts Show Conditional Use Permit request to operate two Arts & Crafts Shows at the Dublin Plaza Shopping Center (between Mervyns and Albertsons) on July 20-23 and December 7-10, 1989 8.4 PA 89-023 Payless Drug Store Garden Center Conditional Use Permit request to continue operation of the outdoor garden center at 7201 Regional Street 8.5 PA 89-045 Valley Lutheran School Conditional Use Permit request to continue operation of the Lutheran Preschool and Elementary School, Grades K-8 at 8850 Davona Drive 8.6 PA 88-139 Crown Chevrolet Conditional Use Permit and Site Development Review for exterior car storage and employee/customer parking on approximately 1.97 acres of vacant land located on Golden Gate Drive, south of 7544 Dublin Boulevard (continued from the April 17, 1989 meeting) 8.7 PA 89-054 The Green Store Conditional Use Permit for a minor modification to Planned Development zoning district to change medical office to professional office at 11873 Dublin Boulevard 9. NEW OR UNFINISHED BUSINESS 10. OTHER BUSINESS 11. PLANNING COMMISSIONERS' CONCERNS 12. ADJOURNMENT (Over for Procedures Summary) DUBLIN PLANNING COMMISSION PROCEDURES SUMMARY WELCOME to the Dublin Planning Commission meeting. The Planning Commission is made up of five Dublin residents who have volunteered their services to the community. They were appointed by the Dublin City Council. The Planning Commission encourages and appreciates participation by Dublin residents. Regular meetings of the Planning Commission are held on the first and third Mondays of each month in the Dublin Library Meeting Room, 7606 Amador Valley Boulevard, Dublin. TIME: Planning Commission meetings begin at 7:30 p.m. No new public hearing item will begin after 10:30 p.m., and the meetings will be adjourned by 11:00 p.m., except under unusual circumstances where the Commission votes to hear the item or to extend the meeting for 30-minute increments. ITEMS NOT ON THE AGENDA: No action shall be taken on any item not appearing on the posted agenda unless: 1) the Planning Commission determines by majority vote that an emergency situation exists, as defined in the Government Code 2) the Planning Commission determines by a two-thirds vote, or by a unanimous vote if only three members are present, that the need to take action arose after the agenda was posted; or 3) the item was included in a posted agenda for a prior meeting held within five (5) calendar days and was continued to the current meeting. ORDER OF PRESENTATION: After the Chairperson opens the public hearing on an item, the order of presentation will be as follows: 1) Summary Presentation by Planning Staff 2) Questions by Planning Commission 3) Comments by Applicant 4) Comments by Others in Favor 5) Comments by Those in Opposition 6) Rebuttal by Applicant if Necessary 7) Additional Comments by Staff as Appropriate The hearing is then closed and the item turned over to the Commission for discussion and action. The audience is not permitted to make any further comments unless invited by the Planning Commission. PUBLIC COMMENTS UNDER ORAL COMMUNICATIONS: Any citizen desiring to speak on an item not scheduled on the agenda may do so under Oral Communications at the beginning of the meeting. After receiving recognition from the Chairperson, please state your name and address, then proceed with your comments. When an item not on the agenda is raised by a member of the public, the matter shall be deemed automatically referred to Staff unless the Planning Commission determines to take action as outlined in the section above entitled ITEMS NOT ON THE AGENDA. PUBLIC COMMENTS ON A HEARING ITEM: On a public hearing or other scheduled item, the Chairperson will ask the audience for its comments, first from those in favor, then from those in opposition. After receiving recognition from the Chairperson, please state your name and address, then proceed with your comments. The Planning Commission wants to hear all citizen concerns. Each new speaker is asked to be brief, add new information, and not repeat points which previous speakers have made. The Planning Commission is particularly interested in the specific reasons why the speaker is for or against an item. Applause and other demonstrations are prohibited during public hearings. Such demonstrations tend to intimidate those in the audience who may have valid but opposing viewpoints. The Chairperson maintains the discretion to request the use of Speaker Slips and to limit comments. Anyone who does not want to speak may write comments on the Speaker Slip and turn it into the Planning Commission while the public hearing is still open. SMOKING CONTROL: Please do not smoke during the Planning Commission meeting. ITEM WITHOUT APPLICANT: If the applicant or representative fails to attend the public hearing concerning their item, the Planning Commission may take action to deny, continue, or approve the item. The item may be considered for continuance upon receipt of written notification of the applicant's inability to attend the hearing. CITY OF DUBLIN Development Services -- PlanningZoning 829-4916 P.O. Box 2340 Building & Safety 829-0822 Dublin, CA 94568 Engineering,Public Works 829-4927 DECLARATION OF POSTING I declare under penalty of perjury that the foregoing Agenda for the Dublin Planning Commission meeting of "( i'u J , 19ffl, was posted at the Dublin�( Library, 7606 Amador Valley Boulevard, Dublin, California, on the ' ' ` of l&9--. , 198 I, by p.m. . Executed this C7 day of IUA 198S? at Dublin, California. Laurence L. Tong Planning Commission Secretary by Plan' g Secretary CITY OF DUBLIN PLANNING COMMISSION AGENDA STATEMENT/STAFF REPORT Meeting Date: June 5, 1989 TO: Planning Commission FROM: Planning Staff l�y� REPORT PREPARED BY: Laura Hoffmeister, Associate Plannerj,,,��q/� SUBJECT: PA 88-109 Healy Variance �Yy�/�, GENERAL INFORMATION: PROJECT: Appeal of the Zoning Administrator's decision to deny a Variance request to allow an exterior side yard setback of 8'0" where 15'0" minimum is required for a storage shed. APPLICANT/PROPERTY OWNER: Robert W. Healy, Jr. 7961 Shady Creek Road Dublin, CA 94568 LOCATION: 7961 Shady Creek Road Lot 102, Tract 5511 ASSESSOR PARCEL NUMBER: 941-2784-12-2 PARCEL SIZE: 7500+ square feet GENERAL PLAN DESIGNATION: Single-Family Residence EXISTING ZONING AND LAND USE: PD (Planned Development) Single-Family Residence SURROUNDING LAND USE AND ZONING: PD (Planned Development Single-Family Residence ZONING HISTORY: In March of 1986, the Dublin City Council approved the PD zoning designation for this site (PA 86-014) which set forth the setback criteria requiring 15'0" minimum exterior sideyards. In most other respects, the single-family lots shall be subject to the guidelines of the R-1 Single-Family Residential District in regards to both land use restrictions and minimum/maximum development criteria. APPLICABLE REGULATIONS: Section 8-93.0 (Variance) and Government Code Section 65906 (State law re: Variance findings) indicate that the strict terms of the Zoning Ordinance may be varied in specific cases upon affirmative findings of fact upon each of these three requirements: 1) That there are special circumstances including size, shape, topography, location or surroundings, applicable to the property in the vicinity under the identical zoning classification; COPIES TO: Applicant B1` Owner ITEM NO. File PA 88-109 2) That the granting of the application will not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone; and 3) That the granting of the application will not be detrimental to persons or property in the neighborhood or to the public welfare. Section 8-93.1 - .4 establishes the procedures, required action and effective date for granting or denying a Variance and indicates the granting of a Variance shall be subject to conditions, limitations and guarantees. ENVIRONMENTAL REVIEW: Categorically Exempt, Section 15305, Class 5(a). Minor alterations in land use limitations - setback variances NOTIFICATION: Public Notice of the June 5, 1989, hearing was published in The Herald, mailed to adjacent property owners, and posted in public buildings. BACKGROUND: On January 4, 1989, the Zoning Administrator held a public hearing to consider a Variance appplication from Robert Healy Jr., to allow a 8' exterior sideyard setback where 15' minimum is required for a storage shed. After receiving testimony from Staff, the Applicant and the general public, the Zoning Administrator adopted Resolution No. 2-89 denying PA 88-109, the Healy Variance request. On January 17, 1989, Mr. Healy appealed the Zoning Administrator's decision to the Planning Commission. During the Zoning Administrator's hearing the Applicant indicated that the site plan he provied was not current in that other rear yard features were not included (spa, pool, decks, etc.). Staff informed the Applicant that should he appeal the Zoning Administrator's decision, an accurate updated site plan would need to be provided. This plan would be needed for Staff review prior to scheduling the matter before the Planning Commission. On April 24, 1989, Staff sent a letter reminding the Applicant that the updated site plan was still needed in order to continue the appeal analysis and hearing before the Planning Commission. On May 10, 1989, the Applicant submitted the current site plan (Exhibit B). The Variance application is a result of a Building Permit review where the Applicant applied for a swimming pool and indicated that a storage shed was to be placed on the site. Staff noted that the storage shed location would not be approved as shown, as it requires a 15 foot exterior sideyard setback. Upon inspection of the site, the City Building Official observed that the storage shed was existing on the site. The Applicant was informed that the swimming pool permit would not be finaled until the storage shed was relocated to comply with the required setback, or an application for a Variance was submitted. The Applicant decided to apply the the Variance. ANALYSIS: The subject site is a part of Rafanelli & Nahas' recently completed Crossridge subdivision located off of Dougherty Road. The site is a corner lot located at the northeast corner of Shady Creek Road and Crossridge Road. The exterior sideyard adjoins Crossridge Road. The lot is also considered a key-lot, in that the adjoining parcel to the north has its front yard along Crossridge. Typically key lot exterior sideyards, under regular zoning provisions would require a minimum of 20' setbacks for accessory structures. However, under the PD provisions all exterior sideyards of the Crossridge subdivision were required to have a 15' minimum exterior sideyard. The Applicant is requesting a Variance to allow an existing accessory structure within the required exterior sideyard setback, resulting in an 8'-0" sideyard setback on the west side of the house (where a minimum 15 foot sideyard is required by the Zoning Ordinance - PD provisions). -2- The 110 square foot structure is approximately 10 feet tall. It would be setback 10'6" from the side wall of the residence. It is a metal solid roof shed set on a concrete pad foundation. Prior to granting a Variance, three mandatory findings must be made based on facts presented in the record. These include: 1) That there are special circumstances relating to physical characteristics (such as lot size, shape and topography) which would deprive the property owner of privileges enjoyed by others in the identical zoning district. What this means is in order to grant a Variance there must be some unique characteristics of the property. This is a relatively rectangular, single-family key lot that contains a two-story home. The size, shape and topography of the Applicant's lot are similar with all other properties in the same zoning district and neighborhood. All setback requirements can be met without impositioning the property owner. Other locations are available on the site which would comply with the zoning setbacks. 2) That the granting of the Variance does not constitute a grant of special privileges. This means that in order to grant a Variance, the approval cannot give the property owner the permission or right to build something that other property owners have not been given the right to do. The granting of the Variance would constitute a grant of special privilege because allowing the accessory structure to be located in the required setback would give the property owner a privilege not given to other property owners in similar situations. 3) That the Variance will not be detrimental to the neighborhood. This means approval of the Variance will not cause damage or harm to the neighborhood in any fashion. If approved, the Variance would be detrimental to the neighborhood because it would set an unwanted precedence of relaxing provisions of the Zoning Ordinance where compliance is attainable. Although Staff recommended denial of this request, Staff presented the Applicant a number of alternative locations where a shed could be located in conforming with the zoning provisions. The Applicant felt that alternative locations were not desirable in that it could interefere with plans to deck or add additional accessory structures in the future as well as possibly be visible from the Applicant's rear windows (kitchen, living room). The Applicant believed that the alternatives were not as desirable as the existing illegal location. During the hearing the Applicant stated that although the 15'-0" sideyard setback was included in his CC&R's, he felt that since the fence was out further, other structures could be built out to the fence line and therefore did not believe he had violated a setback. Staff explained that this situation is no different from other residential lots with rear and sideyard fencing. There are regulations in other residential districts establishing minimum setbacks for use of areas between the house and side property line similar to Planned Developments. In Planned Developments, however, most setbacks are typically less than that which is required under typical zoning districts. In this circumstance, had the site been a typical residential R-1 district a 20' exterior sideyard setback would have been required. However, under the PD a lesser setback was approved (15') and a master fence plan was established. Alternative locations do exist on the lot (Attachment 1). Since the Zoning Administrator's denial, the Applicant has put in a low deck on one portion of the lot. However, the structure could be placed on top of the deck or a portion of the deck could be removed and replaced with concrete to accomodate the structure. A retaining wall could be constructed along a portion of the back slope to accomodate a level area for the structure at the rear of the property. Additionally, a slightly smaller storage shed (8' x 10') could be located in close proximity to the current illegal location. -3- Inasmuch as there are no special circumstances related to this property which would deprive the property of privileges enjoyed by other property in the vicinity, and other alternatives are available that would achieve compliance with required setbacks, Staff recommends denial of the Applicant's request to vary from the minimum required setback. RECOMMENDATION: FORMAT: 1) Open public hearing and hear Staff presentation. 2) Take testimony from Applicant and the public. 3) Question Staff, Applicant and the public. 4) Close public hearing and deliberate. 5) Adopt Resolution denying Variance request, or give Staff and Applicant direction and continue the matter. ACTION: Staff recommends the Planning Commission adopt the attached Resolution denying PA 88-109, Healy Variance ATTACHMENTS: Exhibit A: Draft Resolution upholding the Zoning Administrator's action denying PA 88-109, Healy Variance. Exhibit B: Site Plan Background Attachments: Attachment 1: Site Plan showing Staff recommended alternative location Attachment 2: Applicant's Appeal Letter Attachment 3: Appealable Action Letter dated January 6, 1989, including Resolution No. 02-89 denying PA 88-109 Attachment 4: Zoning Administrator's Staff Report dated January 4, 1989 Attachment 5: Applicant's Statement Attachment 6: PD Setback Conditions Attachment 7: Assessor's Map Attachment 8: Location Map -4- RESOLUTION NO. 89 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN UPHOLDING THE ZONING ADMINISTRATOR'S ACTION DENYING PA 88-109 ROBERT W. HEALY JR. VARIANCE REQUEST TO ALLOW AN EXISTING ACCESSORY STRUCTURE WITHIN THE REUQIRED SIDEYARD SETBACK, RESULTING IN AN EXTERIOR SIDEYARD SETBACK OF 8'-0" (WHERE A MINIMUM OF 15 FEET IS REQUIRED BY THE PLANNED DEVELOPMENT ZONING DISTRICT) AT 7961 SHADY CREEK ROAD WHEREAS, Robert W. Healy, Jr. filed an application for a sideyard setback Variance from Section 8-26.6, 8-60.26, 8-60.27 and 8-60.28 of the City's Zoning Ordinance to allow an existing accessory structure at 7961 Shady Creek Road within required exterior sideyard setback, resulting in a exterior sideyard setback of 8'0" (where a minimum of 15 feet is required) as established in the Planned Development; and WHEREAS, the application has been reviewed in accordance with the provisions of the California Environmental Quality Act (CEQA) and has been found to be Categorically Exempt; and WHEREAS, proper notice of said public hearing was given in all respects as required by law; and WHEREAS, the Planning Commission did hold a public hearing on said application on June 5, 1989; and WHEREAS, the Staff Report was submitted recommending denial of the sideyard setback Variance; and WHEREAS, on January 4, 1989 after hearing and considering all said reports, recommendations and testimony as herein above set forth, the Zoning Administrator denied PA 88-109 Healy Variance request at 7961 Shady Creek Road; and WHEREAS, on January 14, 1989, Robert Healy Jr. appealed the Zoning Administrator's January 4, 1989 action; and WHEREAS, on June 5, 1989 the Planning Commission held a public hearing to consider said appeal; and WHEREAS, the Planning Commission heared and considered all said reports, recommendations and testimony hereinabove set forth; and NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission does hereby find that: a) There are no special circumstances including size, shape, topography, location or surroundings, applicable to the property which would deprive the property of privileges enjoyed by other property in the vicinity under the identical zoning classification if strict observance of the yard and setback standards of the district were observed in that other key lots exist throughout the City which require minimum setbacks for the exterior side yards. b) The granting of the sideyard setback Variance application would constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone, in that no special circumstances exist which warrant granting the Variance. Other key lot properties in the City must comply with the exterior sideyard setbacks imposed by the Zoning Ordinance, unless special circumstances exist. c) The granting of this sideyard setback Variance application would be detrimental persons or property in the neighborhood becuase if approved it could set an unwanted precedence of granting Variance in situations where the standards of the Zoning Ordinance could be complied with. 1 liL BE IT FURTHER RESOLVED THAT THE Planning Commission does hereby deny PA 88-109 Robert W. Healy sideyard setback Variance application as generally depicted by Exhibit B included in the January 4, 1989 Zoning Administrator Report, and on file with the Dublin Planning Deaprtment and further directs the Applicant to bring the accessory structure into conformance with the City's Zoning Ordinance by removing or relocating the structure no later than July 15, 1989. PASSED, APPROVED AND ADOPTED this 5th day of June, 1989. AYES: NOES: ABSENT: Planning Commission Planning Director -2- - �►'L r h,a� r K- f' a'' t �'CJ /G. ,7 'yam •/' ' , t ' " • ' . D • .\ . - \V , ` `\\ t ' \- 1 VC -' � Al pow... �`: h, (to�, ,� )„ _. s... .. . ., . (...._ • ,..3 it................, .. . --....;,......... 3 I 0 ._.......„ .. . . . .I, , • , :..... I rn 1.- �� piii I b pCil Q /..''. : . . , / / .1 \._ . • • • tl ....l • V 1 G r .\ 1, • • (Ni i 6 4, / • -� • ,, Qog- -PI , -s 1 , , /: •gt, j` .....2 ;; 10 Ifr , ; 1a' i • / i1 ; i 4 \i ! -� --.\ \ /, i1 ,; ; ti Iii - _ t S • • RECEIVED MAY 1 v }'Imo PUR1,W4 r'L'N•I Q • s r y fri Z. \n - D 1 D 0 Z rn II n _- E3ditit -n 13 yr .: e• , ♦ •. .\ , ` "S ; s• \_ t s t .�.�r•� f/O1 I. (h . v1 .n. I ' .�► . .. 4,.. \ O O fi k,, \ . % t - / .\ • Aili iii I 9 p 1 - ,l i At . . '1 1\ Ay ' V 1 r • ) -fi \ i , F› Nss___...... . $Pg.3 (N., u ° f. �, 1 Z / CA' o ,. Z. o t 1f ......Z \ \ . - . _ _ . N.,,,, ,-,,,_,14...ram 1 Ntli t i I;,4 1 f____ _., .-''''\ \‘ th. Ittlt.1:: --__ ._.,_ , \ . \\\t'''s • • � ,. _ice- -----=-------, \ RECEIVED / ri g ci DUBW rJ A NI O co 0 Z p It f o Z T \n - D Do Z rn rl 7' Aflathnfl 1)11C4N3°w teil 7' . a 5r& M��V �, �w aS r Robert W. Healy 7961 Shady Creek Road Dublin, Ca. 94568 January 14, 1989 City of Dublin Planning/Zoning P.O. Box 2340 Dublin, Ca. 94568 Attn: PA88-109 Healy Variance Dear Mr. Tong, On January 4, 1989 I attended a meeting in regards to the above mentioned Variance. This was a request for a variance to allow my shed which is located on the street side of my house to remain. Due to the short time I had to prepare for the meeting in that I only received your staffs recommandations the night before the meeting I was not fully prepared to discuss their findings. In reading over the findings I feel several items were over looked. I feel special circumstances as to shape, topography and location of my lot do exist. I have the only key lot in the Willow Creek subdivision and due to the ground slopes, space on the property to build is limited. Also this lot is the only one in the subdivision that has fence lines located three feet from the sidewalk. If the planning department did not want this area to be utilized by the home- owner, why dfd they allow the Gregery Group to build the fences within the fifteen foot set back area. As to special privileges inconsistent with other properties, if I'am not allowed to utilize this area I would not be afforted the same rights other property owners in the area. If I'am required to remove the shed other set back requirements could not be met without major expenses and alterations to my backyard. In item number 3 it was stated that the granting of the variance would be detrimental to persons or property in the neighborhood. ray I remind you that notices were sent to all adjacent properties within three hundred feet a;.d nL inc' appeared to object to the request and property owners-even attended the meeting in support of the variance. In conclusion I request to appeal your decision and go infront of the full Planning Commission for a hearing. Respectfully, RECEIVED ��' tca.rt4s CITY OF DUBLIN Development Services Planning/Zoning 829-4916 P.O. Box 2340 Building & Safety 829-0822 Dublin, CA 94568 Engineering/Public Works 829-4927 APPEALABLE ACTION LETTER Date: January 6, 1989 CERTIFIED MAIL Re. Planning Application #: PA 88-109 Healy Variance Project Description: Variance request for a storage shed to allow an exterior sideyard setback of 8' 0" where 15' 0" minimum is required. Finance Control #: N/A Project/Site Address: 7961 Shady Creek Road Assessor Parcel Number(s) : 941-2784-12-2 Applicant/Owner: Robert W. Healy 7961 Shady Creek Road Dublin, CA 94568 Dear Applicant: The above referenced project was acted upon on January 4, 1989, by the: X Zoning Administrator Planning Director Planning Commission City Council and was: Approved Approved subject to conditions X Denied Resolution of denial is attached. This action becomes final and effective at 5:00 p.m. on January 14, 1989, unless appealed before that time in accordance with the Zoning Ordinance and other applicable regulations. If you have any questions regarding this matter, please contact Laura Hoffmeister, the Project Planner, or me. Sincerely, 4(0 Ar Laurence L. Tong Planning Director LLT/LH/df Aftithir110 ...5.4110 PfttbrICgi • RESOLUTION NO. 02 - 89 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF DUBLIN DENYING PA 88-109 ROBERT W. HEALY JR. VARIANCE REQUEST TO ALLOW AN EXISTING ACCESSORY STRUCTURE WITHIN THE REQUIRED SIDEYARD SETBACK, RESULTING IN AN EXTERIOR SIDEYARD SETBACK OF 8'-0" (WHERE A MINIMUM OF 15 FEET IS REQUIRED BY THE PLANNED DEVELOPMENT ZONING DISTRICT) WHEREAS, Robert W. Healy Jr. filed an application for a sidyard setback Variance from Section 8-26.6, 8-60.26, 8-60.27 and 8-60.28 of the City's Zoning Ordinance to allow an existing accessory structure within required exterior sideyard setback, resulting in a exterior sideyard setback of 8'0" (where a minimum of 15 feet is required); and WHEREAS, the application has been reviewed in accordance with the provisions of the California Environmental Quality Act and has been found to be Categorically Exempt; and _ WHEREAS, the Zoning Administrator held a public hearing on said application on January 4, 1989; and WHEREAS, proper notice of said public hearing was given in all respects as required by law; and WHEREAS, a Staff Report was submitted recommending denial of the sideyard setback Variance; and WHEREAS, the Zoning Administrator heard and considered all said reports, recommendations and testimony as hereinabove set forth; and NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Zoning Administrator does hereby find that: A) There are no special circumstances relating to physical characteristics including size, shape, topography, location or surroundings, applicable to the property which would deprive the property of privileges enjoyed by other properties in the vicinity under the identical zoning classification if strict observance of the yard and setback standards of the district were observed. B) The granting of the sideyard setback Variance application would constitute a grant of special privileges inconsistant with the limitations upon other properties in the vicinity and zone, in that no special circumstances exist which warrant granting the Variance. C) The granting of this sideyard setback Variance application would be detrimental to persons or property in the neighborhood because if approved it could set an unwanted precedence of granting Variance in situations where the standards of the Zoning Ordinance could be complied with. BE IT FURTHER RESOLVED THAT the Zoning Administrator does hereby deny PA 88-109 Robert W. Healy sideyard setback Variance application as generally depicted by Exhibit B included in the January 4, 1989 Zoning Administrator Report, and on file with the Dublin Planning Department. PASSED, APPROVED AND ADOPTED this 4th day of January, 1989. . Zoning Administrator ATTEST: Associate Planner Attadlent .3..ferikfi./ pAtb-ttl . . 1 ' • '•• - . r!$'- ,try- r ! • I /: i - 1••• . .-1.- I \--- ••:.... -. . .=-•.•- .....-.-. .0, ••• -,....: ......_..„---v-::::-•-•,_....*.str.....=...-1. e • Alliall 1 . •.. . • a' I / - .' ••.• " t.. . . • . .• • j �' - `'.S 1. .• L • f" , //P.: 1:-. •i . L...............,....7* • : \ - i 1 ,i, -/-fx Oi -: .-...--.; • • 2-.. ,- 1 i' i l- • I • "-• • ) -, . I tom. t\ �.a• 'i • \ . .. • . • , ih� v ,+r 1 i .....,sy:1/e .. ! is I ,+ ..... - li . `4." -.,P..: ,;.:-:t....•••••:"•%:::%." .: 4'' • • \ ., 1 • y/ -.: ;"_ -`- jJ�{/) • „ f •ly,:�==•� ..<• • ,1 ` , .\-• • \A . .1:- - ... ' I. .... . , • . .. ••. .• '\' .5;:.- :-.•••';;;•.:.7.../..•:•.:-!*•.: • ...•:-•- ---.. .;:',•,,e,"...r.L',/:0•:,••-•r.':...n;•;-••••/•:•:,-••• •• •••: I': \ • • • • i ; .r ti• • • • .� �, r' r {'r' / • • /,•r✓'/Y£, fr/'-• ' J•%j./♦ /,%,r : ,. , - '' J • •',~/ r r,A 1!/..i •'. •• , '•r r '!', / N N f, /I ,(,,fir J M , .,f,,/ ''� ( "'; a r }y y +. 1, '. ,. ' "# Pfi ram:✓; '' CITY OF DUBLIN ZONING ADMINISTRATOR AGENDA STATEMENT/STAFF REPORT Meeting Date: January 4, 1989 TO: Zoning Administrator FROM: Planning Staff SUBJECT: PA 88-109 Healy Variance GENERAL INFORMATION: PROJECT: Variance request for a storage shed to allow an exterior side yard setback of 8'0" where 15'0" minimum is required APPLICANT/PROPERTY OWNER: Robert W. Healy, Jr. 7961 Shady Creek Road Dublin, CA 94568 LOCATION: 7961 Shady 'Creek Road Lot 102, Tract 5511 ASSESSOR PARCEL NUMBER: 941-2784-12-2 PARCEL SIZE: 7500+ square feet GENERAL PLAN DESIGNATION: Single-Family Residential EXISTING ZONING AND LAND USE: PD (Planned Development) Single-Family Residence SURROUNDING LAND USE AND ZONING: PD (Planned Development) Single-Family Residence ZONING HISTORY: In March of 1986, the Dublin City Council approved the PD zoning designation for this site (PA 86-014) which set forth the setback criteria requiring 15'0" minimum exterior sideyards. In most other respects, the single-family lots shall be subject to the guidelines of the R-1 Single-Family Residential District in regards to both lanr1 restrictions and minimum/ma im„m dPve1nprer* rrireria, APPLICABLE REGULATIONS: Section 8-93.0 (Variance) and Government Code Section 65906 (State law re: Variance findings) indicate that the strict terms of the Zoning Ordinance may be varied in specific cases upon affirmative findings of fact upon each of these three requirements: Attachment COFIES TO: Applicant Owner File PA 85-109 1) That there are special circumstances including size, shape, topography, location or surroundings, applicable to the property in the vicinity under the identical zoning classification; 2) That the granting of the application will not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone; and • 3) That the granting of the application will not be detrimental to persons or property in the neighborhood or to the public welfare. Section 8-93.1 - .4 establishes the procedures, required action and effective date for granting or denying a Variance, and indicates the granting of a Variance shall be subject to conditions, limitations and guarantees. ENVIRONMENTAL REVIEW: Categorically Exempt, Section 15305, Class 5(a) Minor alterations in land use limitations - setback variances NOTIFICATION: Public Notice of the January 4, 1989, hearing was published in The Herald, mailed to adjacent property owners, and posted in public buildings. ANALYSIS: The Variance application is a result of a building inspection. The Building Inspector issued a warning notice to the Property Owner requiring the Applicant to remove or relocate the structure to the required setback. The Applicant subsequently applied for a Variance, rather than remove or relocate the structure. • The Applicant is requesting a Variance to allow an existing accessory structure within the required exterior sideyard setback, resulting in an 1'-0" • sideyard setback on the west side of the house (where a minimum 15 foot sideyard is required by the Zoning Ordinance). The structure is approximately 12 feet tall. It would be setback 10'6" from the sidewall of the residence. It is a metal solid roof shed set on a concrete pad foundation. Prior to granting a Variance, three mandatory findings must be made based on facts presented in the record. These include: 1) That there are special circumstances relating to physical characteristics (such as lot size, shape and topography) which would deprive the Property Owner of privileges enjoyed by others in the identical zoning district. What this means is in order to grant a Variance there must be some characteristic pertaining to the lot that makes compliance with zoning provisions either impossible or impractable. Staff's review of the site finds that there are no special circumstances relating to the physical 1 characteristics of the property. This is a relatively flat, rectangular, single-family lot that contains a two-story home. The size shape and topography of the Applicant's lot are similar with all other properties in the same zoning district and neighborhood. All setback requirements can be met • without impositioning the Property Owner. 9) That the granting of the Varian,. doer rnt constitute a grant of special privileges. This means that in uruei co giant a Variance, the approval cannot give the Property Owner the permission or right to build something that other Property Owners have not been given the right to do. The granting of the Variance would constitute a grant of special privilege because 1 allowing the accessory structure to be located in the required setback would give the Property Owner a privilege not given to other Property Owners in similar situations. -2 3) That the Variance will not be detrimental to the neighborhood. This means approval of the Variance cannot cause damage or harm to the neighborhood in any fashion. If approved, the Variance would be detrimental to the neighborhood because it would set an unwanted precedence of relaxing provisions of the Zoning Ordinance where compliance is attainable. Inasmuch as there are no special circumstances related to this property which would deprive the property of privileges enjoyed by other property in the vicinity, Staff recommends denial of the Applicant's request to vary from the minimum required setback. Because of the above facts, Staff must recommend that the Variance be denied. RECOMMENDATION: FORMAT: 1) Open public hearing and hear Staff presentation. 2) Take testimony from Applicant and the public. 3) Question Staff; Applicant and the public. 4) Close public hearing and deliberate. 5) Adopt Resolution denying Variance request, or give Staff and Applicant direction and continue the matter. ACTION: Staff recommends the Zoning Administrator adopt the attached Resolution denying PA 88-109,� Healy Variance ATTACHMENTS: Exhibit A: Resolution of Denial Exhibit B: Site Plan Background Attachments: Attachment 1: Location Map Attachment 2: Applicant's Statement Attachment 3: PD Setback Conditions • -3- RESOLUTION NO. 89 - A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF DUBLIN DENYING PA 88-109 ROBERT W. HEALY JR. VARIANCE REQUEST TO ALLOW AN EXISTING ' ACCESSORY STRUCTURE WITHIN THE REQUIRED SIDEYARD SETBACK, RESULTING IN AN EXTERIOR SIDEYARD SETBACK OF 8'-0" (WHERE A MINIMUM OF 15 FEET IS REQUIRED BY THE PLANNED DEVELOPMENT ZONING DISTRICT) WHEREAS, Robert W. Healy Jr. filed an application for a sidyard setback Variance from Section 8-26.6, 8-60.26, 8-60.27 and 8-60.28 of the City's Zoning Ordinance to allow an existing accessory structure within required exterior sideyard setback, resulting in a exterior sideyard setback of 8'0" (where a minimum of 15 feet is required); and WHEREAS, the application has been reviewed in accordance with the provisions of the California Environmental Quality Act and has been found to be Categorically Exempt; and WHEREAS, the Zoning Administrator held a public hearing on said application on January 4, 1989; and WHEREAS, proper notice of said public hearing was given in all respects as required by law; and WHEREAS, a Staff Report was submitted recommending denial of the sideyard setback Variance; and WHEREAS, the Zoning Administrator heard and considered all said reports, recommendations and testimony as hereinabove set forth; and NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Zoning Administrator does hereby find that: A) There are no special circumstances relating to physical characteristics including size, shape, topography, location or surroundings, applicable to the property which would deprive the property of privileges enjoyed by other properties in the vicinity under the identical zoning classification if strict observance of the yard and setback standards of the district were observed. B) The granting of the sideyard setback Variance application would constitute a grant of special privileges inconsistant with the limitations upon other properties in the vicinity and zone, in that no special circumstances exist which warrant granting the Variance. C) The granting of this sideyard setback Variance application would be detrimental to persons or property in the neighborhood because if approved it could set an unwanted precedence of granting Variance in situations where the standards of the Zoning Ordinance could be complied with. BE IT FURTHER RESOLVED THAT the Zoning Administrator does hereby deny PA 88-109 Robert W. Healy sideyard setback Variance application as generally depicted by Exhibit B included in the January 4, 1989 Zoning Administrator Report, and on file with the Dublin Planning Department. PASSED, APPROVED AND ADOPTED this 4th day of .January, 1989. Zoning Administrator ATTEST: Associate Planner EXHIBIT yet firt Z,M,i'f�, yr • GENERAL DATA REQUIRED A. Address or Location of Property: - E,I 5;44 fAV cs'i c 1p lt-� c-)f'n B. Assessor Parcel rlurcber(s): D present Zoning: C. Site area: ?mac �� V;F E. E•iistirg Use of Property: 1Et�\ F. Zoning and Existing Use Of Surrounding Property: Fiist rc UcFc Zone - - North: • - Scutt: - East: - West: G. Detailed Description of Proposed U`_`_ of Property: —c) macs , \iEEN • V b c 1 1 C.(\\1.3 r (Continue cn separate sheet if necessary) I iv. TYPE OF APPLICATION being requested: ems. 1 Check type of planning permit(s) - ❑P=zc ti.^.g I ❑ Acinistrative Conditional Use Permit ❑ Boundary Adjustment Sin • 1 Permit 0 Site DevelcFe 1t Review❑ Conditional Use F flit 1 i 0 s± ivisicr,Nap 1 GeneralPlan P=e^. e^: i I ❑Planned Develc;t 4arse , i ❑ Other- 1 v. SUBMITTAL REQUIREMENTS i A. Planned Cevelcoment: (See Planned Ceve-cprent Rezoning Sam a_Re ge C. Subdivision u ii Map: (See Subdivision M_7 S � ttal Rec etants) 1 C. Any Other Planning Permit: (See General Submittal Requirements) I vr. PROCESSING (Sz✓P1an--rgolicatic,Cz Letter) vii. REFERENCE PHONE NUMBERS Most questions related to the Planning Application should be directed to the Dublin Planning Department, however, some concerns might be addressed directly by another appropriate department er agency: 2. Dublin San Ranch Services District: 1. City of Inspe 29_ 522 Fire: (415) 829-2333 Engine Inspection:(415) S 0" Engineering: (415) 629_4910 Water, Seer, Garbage; (415) 825-0515 Planning: (415) S29-4916 Police: (415) 629-0566 �� 3. Zgne 7 - Al. ` .a County Flc��9 Control: (415) 443-9300 • -. AttaChnOlt z .. PA • Boa ., . . •:. •, / ./...,f'''4,.•..ik',4,1.,e,',-pe,',:;04..,:',:-.7,/-",J.:a,'1#yelhd,",id • ''.•0:7,4*".4ii,4 eri,t4' 41-0 -4:,-,4./'.'61Arei*C''.f''., — -, 1 ' , I+,•'', : ',i ''. .. 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Aji i ir'Jg?A'j v irf it AV F_ f ,2 y b.je: S (i'I /� f"7 f 19C ar "'�t1�i� M-gli!f i : r �'!N�'. r- ' t J f,rr.'v. r� r.(mn+c� ,,i'Y.t h • ,t�,W,e:S.�.-Jra .f4 r- �„ ide Yards 1 One story,uni4:01.i�,A4,1" 44 , Gstra1 f- , - 5—foot minimum flat ind.useable each eideYr k .' 4 ,75,• , ' P„-',A" ,j2 foot!minimum street de side a' d'V' ,:i 4 Al' f t. 7r.34 v1s%X �r+Crl F 2 4;TwO Story units W)TF ,0iil;r'1 13✓,}!�j ,Y^;'-,°, !� ,,,,,f0 5r r , • .. - • • • •• • side ze^,�` Z :° %d d` , ' 15=foot minimum:street;side,side ar. '' i � �5 dw t`3! .i�'�'/{, '�'� � 4"1 �, Aa'l:ti Y�i ,s ?'.S.';',.... y a�f'�/� pf,^" y'� r°� '.S! Rear girds ?20-foot minimum, to be generally flat and useable. 'yam „.‘i '=-*- :7 0 '' Pad Areas - " 45„-x,95 minimum,,with,the"'45 xidth measured from'_ ;a. L front setback line"through to the rear of the lot.' :t In addition o the above, the design of single family residential_ units developed shall provide for the maximum unit privacy through.use of - building layouts which maximize-useable side and rear yard areas with offsets of windows and similar inter-building design considerations. _ . The majority of the two-story units shall observe an additional front yard setback requirement whereby,'the building face of the second story shall observe a setback of an additional five feet+from the building face of the garage. Two-story units shall generally avoid use of shed- type roof designs,-but rather shall generally utilize.-roof designs which serve to mitigate possible visual impacts resulting from the height and proximity of two-story units. During the Site Development Review.process, the developer.may'regaest and be granted modifications from the above minimum rear yard ,, -. dimensional criteria in.individual situations where such modifications would add diversity to the project or privacy to individual units which, in the discretion of the Planning Director, improves the overall design. ` The builder shall maintain a minimum of 1,000 square feet of flat and . 1 useable area within 80% of the rear yards and a minimum of 900 square I feet of flat and useable area within the remainder of the rear yards through the selection of appropriate houses to fit individual lots. Additionally, the developer shall investigate the feasibility of steepening cut and fill slopes to increase the iseable pad area without impacting the stability of the slope design. The purpose of this I Condition is to encourage the proper matching of housing types to individual lots and adjusting grades to increase useable area, but is Inot intended to require a reduction in the number of lots during the Site Development Review process. I Exceptaas.,:specificallLagdifiedby_theabovee listed_design_uiteria, or as established elsewhere in the Conditions of Approval for this project, the single ami1y,residential.lots develppei'within Villages VI and VII shall_be.subjectito�the-guideelinesiofy.the=R J Single=Fa`mily Residential .r-'-.n....�..: • District ms:regards'bothy'land:use'restrictions-and;minimumfmaxiaum,. '• • -develop ment-crteria,: s - --- _ i 85. To assure that adequate diversity of'building architecture across the project as a whole will be provided, individual Villages, or groupings of contiguous Villages (i.e., Villages II and III as a grouping, and Villages IV and V as a grouping) shall be designed in a manner to allow them to stand alone with village-specific architectural features (such as alternate types of roofing or siding materials, alternate use of open ' or enclosed stairwells, etc.). Detailed design review of project i architecture shall be made at the time of submittal of the respective Site Development Review applications for each proposed Village. 86. The minimum distances between buildings and building appurtenances in the multi-family Villages shall comply with the following criteria: 1 The term "building wall" shall refer to the exterior side of building walls containing heated space (with the exception of the enclosed entry i in the "E" type building). I' A. - 20 feet between all building walls, with deviation from the , minimum separation subject to review and approval by the Planning Director through the Site Development Review process,-to consider case-by-case reductions to 15 feet when: 1 ' , tt Attachment,. ...'-`, • r-- l • ,,,,-,.:, . i, -, •, ....._, ..... , ,-,-,'?•.,.1 , , . -— tri z :.;.:•,,,,,7 • , , s u_-4 tr) ccV ,7-,-T; , • • ; ...-- • Sji....'--C6t,i 11 Q -'- -------- II , ------r--- ...o 7 • -- 1 1 N .. ,. • 110 \.. ,:"..., •, „----------- 4% * '. •. :,-, w 5 , ... ..... , „,,,. . , .,----- .* , . , ,.. , ..... i A...' .31.V.5:4 \ 0 • ;...'","1:4 N -------- I'D : • ,,,,,,,4M1Ig..‘ . 1.11114 31. l,:•.NOW C.0 to.t- ..... ,AA'l TA .' , (11.., 1 .. ,„A 10 A.C.()ill.No. ( )10 1.. „.... . ,. ,........21 . \ Z 0 1 ...,.....;,..:..-i. U 1-72 C. 1 • i;' ...'. '.'\ c.2 \ ....-.. ( . • \ \ •1 1•11‘7 .: ---. I I C-) i .;-•,-, 1 = •,-<-6•; -- -\ ',‘ 0 ••. ,•-,-. "4,1i,' Ail' .!. . •- .40 \ '-7. ... , ..........\:',.. 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', , - , , . , , ' ' illici :;:!IF=7-11.61Y : •• ' • )---1 • \ . 1: ._.:,•, •.. . .. .... I.-. i • ••• , ,•• ' \ k " " ,*--., si(,'' 1(•ii7), ...,... SHEET, Y.% , i ' rr CITY OF DUBLIN PLANNING COMMISSION AGENDA STATEMENT/STAFF REPORT Meeting Date: June 5, 1989 TO: Planning Commission FROM: Planning Staff REPORT PREPARED BY: Maureen O'Halloran, Senior Planner SUBJECT: PA 88-135 Shamrock Ford - Conditional Use Permit GENERAL INFORMATION: PROJECT: Conditional Use Permit request to continue operation of a new and used vehicle sales and service dealership at 6581 Amador Plaza Road/7499 Dublin Boulevard APPLICANT: Shamrock Ford Craig Caldwell, Vice President 7499 Dublin Boulevard Dublin, CA 94568 PROPERTY OWNER: James B. Woulfe P. 0. Box 2040 Dublin, CA 94568 Following the public notice of this item, review of previous approvals for the Shamrock Ford dealership revealed that Planning Commission action on this application is unnecessary. The previous Conditional Use Permit approval (PA 86-107) authorized the Planning Director to grant a two-year time extension. Staff recommends the Commission accept the withdrawal of this public hearing item. Since public noticing of this item has occurred, it is necessary for the Commission to open and close the public hearing prior to accepting the withdrawal. RECOMMENDATION: FORMAT: 1) Open public hearing and hear Staff presentation. 2) Take testimony from Applicant and the public. 3) Question Staff, Applicant and the public. 4) Close public hearing. 5) Approve application withdrawal for PA 88-135 Shamrock Ford Conditional Use Permit ACTION: No action necessary. Staff recommends the Planning Commission accept the withdrawal of PA 88-135. COPIES TO: Applicant Owner ITEM NO. File PA 88-135 CITY OF DUBLIN PLANNING COMMISSION AGENDA STATEMENT/STAFF REPORT Meeting Date: June 5, 1989 TO: Planning Commission FROM: Planning Staff REPORT PREPARED BY: Laura Hoffmeister, Associate Planner SUBJECT: PA 89-046 Marg-Ett Art & Craft Fairs - Marietta Lewis (Applicant) Dublin Plaza Shopping Center Merchants Associates (Sponsor) Conditional Use Permit GENERAL INFORMATION: PROJECT: Conditional Use Permit for two Art & Craft Fairs at the Dublin Plaza Shopping Center (July 20-23, 1989 and December 7-10, 1989). APPLICANT AND REPRESENTATIVE: Marg-Ett Art & Craft Show Attn.: Marietta Lewis 1377 Wylie Way San Jose, California Steve Heath Dublin Plaza Shopping Center Merchants Association 7233 Regional Street Dublin, California 94568 PROPERTY OWNER: Regional Street Joint Venture c/o Holvick Deregt & Koe 1230 Oakmead Parkway Sunnyvale, CA 94088 PROPERTY LOCATION AND ZONING: Dublin Plaza Shopping Center C-1; Retail Business District (APN 941-305-16 & 17-2) SURROUNDING LAND USE: The proposed Art & Craft Fairs are proposed to be located along the pedestrian walkway stretching from the Albertson Market to Mervyns Department Store, roughly centered within the Dublin Plaza Community Shopping Center. ZONING HISTORY: November 13, 1984 - Conditional Use Permit approved to operate two Art and Craft Fairs at Dublin Plaza, held November 17-20 1984, and December 13-16, 1984. July 8, 1985 - Administrative Conditional Use Permit to operate two one- day Art and Craft Fairs at Dublin Plaza Shopping Center, held July 20, 1985, and July 21, 1985. September 3, 1985 - Conditional Use Permit to operate two Art and Craft Fairs at Dublin Plaza Shopping Center, held November 2-3, 1985, and December 13-16, 1985. COPIES TO: Applicant S. Owner ITEM NO. File PA 89-046 J. Stagner April 21, 1986 - Conditional Use Permit to operate two Art & Craft Fairs at Dublin Plaza Shopping Center, held July 17-20, 1986, and December 11- 14, 1986. June 6, 1987 - Conditional Use Permit to operate two Art & Craft Fairs at Dublin Plaza Shopping Center held July 23-26, 1987 and December 10-13, 1987. June 6, 1988 - Conditional Use Permit to operate two art and craft fairs at Dublin Plaza Shopping Center, held July 21-24 and December 1-4, 1988. APPLICABLE REGULATIONS: Section 8-61.0 of the Zoning Ordinance, as amended by City Ordinance 18-84, requires that a Conditional Use Permit be obtained from the Planning Commission for the operation of two seperate arts and crafts fairs, for up to four days each, per twelve month period per lot when sponsored by a Dublin based organization, for the sale of handmade or handcrafted items for sale by the original owner. Section 8-94.0 of the Zoning Ordinance states that conditional uses must be analyzed to determine: 1) whether or not the use is required by the public need; 2) whether or not the use will be properly related to other land uses, transportation and service facilities in the vicinity; 3) whether or not the use will materially affect the health or safety of persons residing or working in the vicinity; and 4) whether or not the use will be contrary to the specific intent clauses or performance standards established for the district in which it is located. Section 8-94.4 of the Zoning Ordinance states the approval of a Conditional Use Permit may be valid only for a specified term, and may be made contingent upon the acceptance and observance of specified conditions, including but not limited to the following matters: a) substantial conformity to approved plans and drawings; b) limitations on time of day for the conduct of specified activities; c) time period within which the approval shall be exercised and the proposed use brought into existence, failing which, the approval shall lapse and be void; d) guarantees as to compliance with the terms of the approval, including the posting of bond; e) compliance with requirements of other departments of the City/County Government. ENVIRONMENTAL REVIEW: Categorical Exemption, Class 4(e), temporary use of land having negligible or no permanent effect on the environment. NOTIFICATION: Public Notice of the June 5, 1989, hearing was published in The Herald, mailed to adjacent property owners, and posted in public buildings ANALYSIS: The Applicant is requesting approval of a Conditional Use Permit to operate two Art and Craft Fairs at the Dublin Plaza Shopping Center, to be held July 20-23, 1989 and December 7-10, 1989. The Applicant's request complies with the City's adopted Ordinance relating to Arts and Craft Fairs in that the request is for two four-day fairs within a 12-month period as stipulated in the Ordinance. The request, to set up the two fairs along the pedestrian walkway area stretching from the Albertson Market to the Mervyns Department Store, is being coordinated with and sponsored by the Dublin Plaza Shopping Center Merchants -2- Association and is not anticipated to create any special problems for the existing commercial tenants at the shopping center. There have been no zoning violations associated with previous fairs operated by the Applicant. The fairs will consist of 20 to 25 booths with the individual artists or craft persons exhibiting their wares. The proposed hours of operation for the fair are between 9:00 a.m. and 6:00 p.m. No problems resulted from any of the previous fairs and Staff is supportive of the Applicant's proposal. Additionally, the last two previous years the Applicant requested the Commission to allow exhibitors to sleep over in their Recreational Vehicles. The Commission permitted overnight use of the RV's subject to approval by the Planning Director. No problems were known to have occurred from the sleep overs; therefore, Staff has included this same provision in the Resolution of Approval. The Applicant's proposal has been reviewed by the applicable public agencies and conditions of approval have been included in the Resolution of Approval. RECOMMENDATION FORMAT: 1) Open public hearing and hear Staff presentation. 2) Take Testimony from Applicant and the public. 3) Question Staff, Applicant and the public. 4) Close public hearing and deliberate. 5) Adopt Resolution approving the Conditional Use Permit, or give Staff and Applicant direction and continue the matter. ACTION: Staff recommends the Planning Commission adopt the attached Resolution approving Conditional Use Permit Application PA 89-046. ATTACHMENTS Exhibit A - Resolution approving Conditional Use Permit PA 89-046 Background Attachments: 1. Location Map 2. Site Plan and Applicant's Written Statements 3. Dublin Plaza Shopping Center - Merchants Association, Letter and Agreement dated April 11, 1989. 4. City Ordinance 18-84 relating to Arts & Crafts Fairs. -3- RESOLUTION NO. 89 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING PA 89-046 MARG-ETT ART AND CRAFT FAIRS - MARIETTA LEWIS (APPLICANT) DUBLIN PLAZA SHOPPING CENTER MERCHANTS ASSOCIATION (SPONSOR) CONDITIONAL USE PERMIT REQUEST TO ALLOW TWO ART AND CRAFT FAIRS AT THE DUBLIN PLAZA SHOPPING CENTER WHEREAS, Marietta Lewis/Dublin Plaza Shopping Center Merchants Association request approval of a Conditional Use Permit to allow two Art and Craft Fairs at the Dublin Plaza Shopping Center (July 20-23, 1989 and December 7-10, 1989); and WHEREAS, the adopted City of Dublin Zoning Ordinance, as amended, provides for the operation of arts and crafts fairs for up to two seperate events of a maximum of four days each, per twelve month period, through the Conditional Use Permit process; and WHEREAS, proper notice of said public hearing was given in all respects as required by law; and WHEREAS, the Planning Commission held a public hearing on said application on June 5, 1989; and WHEREAS, this application has been reviewed in accordance with the provisions of the California Environmental Quality Act and has been found to be categorically exempt; and WHEREAS, the Staff Report was submitted recommending that the Conditional Use Permit application be conditionally approved; and WHEREAS, the Planning Commission did hear and consider all said reports, recommendations and testimony herein above setforth; and WHEREAS, the proposed land use, if conditionally approved, is appropriate for the subject property in terms of being compatible to existing land uses in the area and will not overburden public services. NOW, THEREFORE, BE IT RESOLVED THAT THE Planning Commission finds: a) Use of the pedistrian store front areas of this portion of the Dublin Plaza Shopping Center for two short-term arts and crafts fairs serves the public need by providing an opportunity for the community to see and purchase specialty handmade and handcrafted items not typically available elsewhere in the community. b) The use, as conditioned by this Resolution, will be properly related to other land uses, and transportation and service facilities in the vicinity, and will not be in conflict with existing commercial uses in the Dublin Plaza Shopping Center. c) The use will not materially adversely affect the health or safety of persons residing or working in the vicinity, or be materially detrimental to the public welfare or injurious to property or improvements in the neighborhood, as all applicable regulations will be met. d) The use will not be contrary to the specific intent clauses or performance standards established for the District in which it is to be located, as the proposed use will be compatible with adjoining retail uses and will serve to promote additional vehicular and pedestrian traffic through the Dublin Plaza Shopping Center. e) The approval of the Conditional Use Permit is consistent with the Dublin General Plan and Downtown Specific Plan. f) The proposed dates for the Art and Craft Fairs are consistent with the City Ordinance No. 18-84 in that the proposal will not exceed two four day fairs within a 12-month period. 1uhibk A BE IT FURTHER RESOLVED THAT THE Planning Commission does hereby conditionally approve said application as shown by materials labeled Exhibit B and stamped approved on file with the Dublin Planning Department, subject to the following conditions: 1. Layout and operation of the two arts and crafts fairs shall be as generally depicted on the partial center site plan submitted with the application and as described by the applicant's written statement (Attachment 2). 2. The Arts and Crafts fairs shall be held on July 20-23, 1989, and December 7-10, 1989, between the hours of 9:00 a.m. and 6:00 p.m. 3. The items sold at the show shall be restricted to handmade or handcrafted items by the original artist. The density of the display setups shall be graphically portrayed on an exhibit prepared by the applicant and submitted for review and approval by the Dublin Planning Department and the Dougherty Regional Fire Authority. Displays shall be set up in such a manner that pedestrian traffic is not shifted into the adjoining driveway/fire-lane aisle. 4. The display areas shall not obstruct pedestrian movement on the side- walk, block fire protection appliances or fire lanes and shall be kept clear of all store entrances. 5. Signage shall be restricted to a maximium of two 24 square feet signs; all said signs, including A-frame signs, shall not be located offsite or within the public right-of-way. Temporary no-parking/no-stopping signs shall be posted along the curb line. 6. Any trash or litter resulting from the event shall be removed immediately after the show. 7. No arts or crafts shall be left on the premises overnight. 8. A Certificate of Insurance naming the City of Dublin as additional insured in the amount of one million dollars shall be posted with the City prior to conducting the shows. 9. Assigned recreational vehicle parking for the Art & Craft Show exhibitors shall be provided on the premises with the number and location subject to review and comment by the Dublin Plaza Shopping Center Merchants Association and subject to review and approval by the Dublin Planing Department. Said review shall occur a mininum of two weeks prior to the Art & Craft Fair. 10. All activities shall be controlled so as not to create a nuisance to the existing retail businesses within the Dublin Plaza Shopping Center. PASSED, APPROVED AND ADOPTED this 5th day of June, 1989. AYES: NOES: ABSENT: Planning Commission Chairperson ATTEST: Planning Director -2- -11 - - - I ) `--,--; it 1.4; L •\--' ri ' . -1.7y-iriN - • B --U- - -- . -- I, I•1?- - t‘ \ );, - NI‘Ai • ..A,,,, • li; , ,., No01-111 o. r ' ..1111, :•411111V)II W-IS ,,i,, i. 1- ...- ".-- "‘ IIAI(V-.3.1 I i-: ' 115 h I . It 1,5fit, , "21-8s rms-ins ih, Alig-ix-_-_ _i,a3„_ i,_-,_ ?... lets-D,i0, c-c• . __,,- sp.,,,_ fit ia--.1 A I P• 1111-WS ' 11ff a I AWO 111 ......ifiliSS. s•L> s It IC it .... ,s, • • i -.. ..-3.1.,•' I .. .„ — . 111111M — • 111 ..... ** .. c-1 1 C • e-•'' So.. ./its. ce?, .... -.7".",-.,... i el.- rry •,•gli. 211,1 fitv Ls --. ....1 i,,......-...i.!44, „, .•16 . T NA ••• 1101•301 301001. . "*. --.---.."---"'.-- ••• .r. 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REs? �wC cL.Ry ClfF rl t so« E R a,41/04 co Lt* `� ire '4 1RuNdv IyAT. x 'b c., p• : k%k/ If.iA:.'- L r` ' 4 �. a risii,v CCKfOt 33 N pA 1EssA N a y o R► `t y e 15 ay pRdAfE,T. itil h a / 1 w a ff,,Ly j',7VEss t b 1 E tt 77bi b 4 fr lko -N7 i MFR rFA DEFT. go 1 A_ v y NANA PARK, Wc A APE A p bL , N BL vd. Attichment ...L..ixirtoc 44 PAaq•oLilo y.i ... -a 'a F n- c it :Y i+•T�z > � i< '44 r5�1 J y F t i �} E'G L ,.' ws 3 •Tc % ,i. j a � t ., { ,,,, y it P ! i S § ZrY 1 TA44 1 YfeF .y'y .. �r ".�y., a �'"!, '.�-."�s�� w � ' ,#�r"52ay Arai•J`a c•'�a f"?-", � -� /" 'sr - fie.•. �+ T `P � -T fij, ,:y� *fi SS '^4. 4 �.3f MA.RG-ETT ART AND CRAFT SHOWS 1377 WYLIE WAY SAN JOSE, CA. 95:30 7/�S V - r 2(e-L. )-te-7.-- /ciff Z9 33 ' - -r--{'-i- L:.?:-4-sit.-r--" / -e-- _ l r- 4<---i..--��-,,/ -tiz7 ew E-C—r,„.L _ ,c... .sue-}/ L` [� i, Y C -1sYY -,: i-e"----2`' - v ..-L1..G— L2L,.7-t-. ...C--' -Li✓ .o-c_ .....,o.c«c:`-et_ ,.4.. -4 - 1,67 - -?1 /f F 4--...eL /- .C /-. - 7)�. -L�/�►-,-t..- 1... I L'K.C.c.s .i-r,:rim-t- t.:-y-C�4'i &—s.r• ,mac—. Z,/, 1 = ,r-...- ,..tu-f..._ ea-r.-4-f .....t A- --7"-r-cj%d,,i--t.-7 / 5 may : .ei•--s, ---2-n ate-ice=,-Zs-,":2-e / J �{-�- �• 4��r�yr. �.(_'- Jr--- - I".�r, 7?.eG<' 4--=-^:%� _-c,/ �-L-'+7�t ii...e-,,L , 1--,--- '-T-n.c_-sit- --I-,n-_-i,— :vim-'-? •. • ,..07 0,7 yL.L.k_.„-j_,(_/. - ,..,--- ,-(-2--1-.---Z---.4 -'-• e- ,�` ., w / lii a -: ,L i:: / K._ ....2..)L. e L---,-7 1 I 1 11. i ...,. L z pc-ti Pk set.oL4fe 0rtow4 ! K / °yam r`ft ' 3 srd 4=✓`'f a'� x "1. .j ^ . " 4Jf -- 4rth ` " f W � R( � r -,-F '".rfi u 4""rr s1 ..1'= ..r ' ._'F 4- : JA rr4 - '•?$'- v- t, `'; " .. ;; t x+ 'r W. . '' 4 ,' .-�4T , i v .tii:' -y yr. cr.= yae 1 trs Kl e .: r r to y x4. } ` j - i�b„ s , a %YP2 4 ', { r ZGS. < { k ' ' +" k MARL - ETT ART AN;, CRAcT SHOws 1377 WY_!E WAY SAN JOSE, C L.. 95130 i ` -yj�t r-C-f-�v c j. LC u 71•� yr /1,-E../a--;-, -ate --e-:- - (--- 6-1-' '` 4 ,44, 1,..„,....e.4,,/,,2„-e-a-a-/ d-1-4-A-4-3,- 6-k---ie"64-144:"4"'41-1 t4'-'1/14-1.1--- y ...,...0,zr__,T._,_.',.-.L. ji-7,4-7 lae,-,.,,ic,,,, ..e.--;--Z,-, 4-- 6:€-.--f-A-z-d 11-'---41-4 -2J - - 0—A - - , 7 1 ,.)..Z,4--i-- .. .(----e--' 4,--- Cf- 1--e 6--..--.4- 61e --1-4 cz.4-)/,' "Z-1-"L' I .12...e,..471,...4---.--f--- 74 ---,-,-,--A-i e% I . mac,tZ • .,�� .L_y..�-E.u:=-c....-act-,r, 4,_ c_i_,...,e.,i,le-z_ _) .„41-te-i,4....-1fr-----1---)g-4e-ri/=-(---476--i-e— 4-1."'--7Lr") '447•••d • • ' ter.-c —Lc--77 -.1 - .0'1"-s- 41-'4 - - 1= .&� eV.. -;-4"‘/-- &i-11/ 1( 1--s.�s �; �-. Gum/ l a- 6- --4' - -- - `�L_ �g--- 9,'G✓ fill. to,.G o pM 6 �2 . :,, ' n q q; 'i « - °i r ;i l i j a � �11 r as yam s f � 14; "w... max .j. 1,a 1 ti ' ' r. , .wa .a�' ' � � f�.. 5 `7: n.y n�._t. y w ,r `�r},!'v s f 3'-�'- � x ` � r 4,•+ 3y S r ' xi „ t i '• y , t Y e t +fMai - � tt Art and Craft shows ____ F ,'-ES F:: A.�,T1STS W-C PA TIC1PATE IN THE K,ARO-ETT ART SHOS 1. All exhibitors are requested tc be at the shoe center at 6:00 A.N. on the first day of the show for set up and thereafter to be set up before stores Dpen. 2. Exhibitors are not allowed to bring smell children or pets while displaying their art. 3. Autos of exhibitors are to be parked in areas as prey be provided by the shopping center as soon as you are unloaded. 4. Once the show has ended, no one is to return tc the center to display their art. S. Any art object which is deemed repugnant or offensive by the merchants is not acceptable and rust be removed upon, r request. 6. Entry fee, as specified, must be paid before show time and 10% comrission paid at the end of the show. 7. Avoid arguments with shopping center merchants. Should a problem arise, contact the show chairperson. 8. Your display must be as neat as possible. 9. Your dress attire must be clean and neat. 10. Keep your area clean at all times. I agree not to hold the MARG-ETT ART AND CRAFT SHOW, merchants or the shoppinc center responsible for any theft or damage to the art displayed. SIGNED TELEPHONE NO. DATE • Attailmeot 1 410 P-I . TO / � I FROM 1 . , (` ( � ( fiCJ�� C �vJ Jl•^ G�lc. Fh 50C(c(54110A) G44Pci __63k SUBJECT DATE ! / tr /c MESSAGE 17-7 1.--Crirx--r— (-0 o.e rpm fif? 6?-4 iy\ tqe - 9 te„,_,..T 11_1 r • SIGNED REDiFoRm as 468 NO REPLY NECESSARY REPLY REQUESTED - USE REVERSE S':E POLY PAK (50 SETS) 4P468 carbonless !inning to-ft PA-51-0149 AGREEMENT n L i .•,, ��q• q ME R6�• A�S>�d Marg-ett Shows. The parties to this Agreement are yu Li Ai ('EN �� remises known as Q d portion of the Center is the owner or lessor of the premises ett Shows desires to use a (hereinafter referred to periods of t the ime, for)the purposesg hereafter specified. premises for certain p The parties agree as follows: ART.e CxA Fr Shoff 1, The type of activity is as follows: 2. The date of the activity is that portion of agrees that Marg-ett Shows may use and occupy 3. The Center on said dates. premises which is designated on Exhibit A for the purpose of selling arts and crafts the the hours of :�.v/. tom _ on the dates above specified during This location shall not be changed without the prior consent of Marg-ett Shows. 4. Marg-ett Shows will maintain location in a clean condition. 9 tha y 5. Mar -ett Shows shall obtain any and all permits to thet a bet lawfully required by the appropriate governmental authorities with respect s. or has obtained, the following insurance in 6. Marg-ett Shows shall obtain, o cd L�R fl ��,Ty connection with the activity: Sc. 7 T3 nAl F NS Co d/coo giving 7. Any party to this agreement may cancel or terminate this agreement by g g parties so long as said notice is given at least notice thereo(3 o the a ) days prior prior remaining to the first day the activity is set to take place. • the Center a lump sum in consideration of this 8. Marg-ett Shows shall pa Y agreement, in the amount of ___., receipt of which is hereby acknowledge . IN WITNESS WHEREOF, the parties hereto have executed this agreement, this day of , I9__ f St-- / - '/1/'' 7Z(,. '------- AY".-,-,747c''' ' enter ' ' Marietta Lewis Attachment TTT S • • ORDINANCE NO. 18-84 AN ORDINANCE OF THE CITY OF DUBLIN AMENDING THE ZONING • ORDINANCE REGARDING ARTS AND CRAFTS FAIRS The City Council of the City of Dublin does ordain as follows: Section 1. Section 8-60.60.1 of Chapter 2 of Title 8 of the Dublin Ordinance Code regarding Administrative Conditional Uses is hereby amended by adding to the listing of Administrative Conditional Uses the following wording: "Two separate one day arts and crafts fairs per twelve month period per lot, sponsored by a Dublin based bona fide church, school, neighborhood group, or Dublin based non- profit, non-restrictive civic or service organization, for the sale of handmade or handcrafted items for sale by the original artist" Section 2. Section 8-61.0 of Chapter 2 of Title 8 of the Dublin Ordinance Code regarding Conditional Uses, All Districts is hereby amended by adding to the listing of Conditional Uses the following wording: "Two separate arts and crafts fairs, for up to four days each, per twelve month period per lot, sponsored by a Dublin based bona fide church, school, neighborhood group, or Dubin based non-profit, non-restrictive civic or service organi2ation, for the sale of handmade or handcrafted items for sale by the original artist" Section 3. Applications for pp permits to conduct any of the Arts and Crafts Fairs defined in Section 2 hereof, shall not be considered a temporary Conditional Use as that term is defined in Ordinance number 23. • Section 4. This Ordinance shall become effective 30 days after its final passage and adoption by the City Council. 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 Tri- Valley 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 13th day of November, 1984, by the following votes: AYES: Councilmembers Hegarty, Jeffery, Moffatt, Vonheeder, and Mayor Snyder ` _ NOES: None ABSENT: None Mayor 6, ATTEST: City Clerk \ • Attagliat Bkefi CITY OF DUBLIN PLANNING COMMISSION AGENDA STATEMENT/STAFF REPORT Meeting Date: June 5, 1989 TO: Planning Commission FROM: Planning Staff REPORT PREPARED BY: Maureen O'Halloran, Senior Planner pR[ SUBJECT: PA 89-023 Payless Drug Store outdoor garden sales display Conditional Use Permit at 7201 Regional Street GENERAL INFORMATION: PROJECT: Conditional Use Permit request to continue operation of the outdoor garden center at Payless Drug Store. APPLICANT/REPRESENTATIVE: Andrew P. Anderson, Architect 3799 Mt. Diablo Blvd., Suite 2 Lafayette, CA 94549 PROPERTY OWNER: Karl Granlund, Vice President Payless Drug Store Northwest, Inc. 9275 S. W. Payton Lane Wilsonville, OR 97070 LOCATION: 7201 Regional Street ASSESSOR PARCEL NUMBER: 941-305-16 PARCEL SIZE: 5.41 Acres GENERAL PLAN DESIGNATION: Retail/Office DOWNTOWN SPECIFIC PLAN: Development Zone 6 Central Block West Retail EXISTING ZONING AND LAND USE: C-1 (Retail Business District) Retail Store SURROUNDING LAND USE AND ZONING: The Drug Store is surrounded on the North, South, East and West by Commercial Retail Centers and C-1 (Retail Business District). ZONING HISTORY: S-293 - Site Development Review approved for Dublin Plaza Shopping Center in 1969. S-423 - Revision to Sign Program approved in 1971. C-2366 - Conditional Use Permit for plant nursery with no outdoor storage or display except for growing plants approved October 20, 1971. C-3456 - Conditional Use Permit for plant nursery approved September 6, 1978. t' COPIES TO: Applicant Owner ITEM NO. • File PA 89-023 In addition approximately 18 planning applications have been processed for this property between 1983 and 1988, consisting of Administrative Conditional Use Permits and Conditional Use Permits for pet medical services, arts & craft shows, christmas tree sales, carnivals and newspaper collection bins. APPLICABLE REGULATIONS: Section 8-48.2 m) allows plant nurseries in the C-1 District subject to approval of a Conditional Use Permit. Any merchandise other than plant material must be stored within a completely enclosed building. Section 8-48.9 a) requires all principal uses in the C-1 District to be conducted within a building except plant material storage as authorized by Section 8-42.2 m). Section 8-94.0 states that conditional uses must be analyzed to determine: 1) whether or not the use is required by the public need; 2) whether or not the use will be properly related to other land uses, transportation and service facilities in the vicinity; 3) whether or not the use will materially affect the health or safety of persons residing or working in the vicinity; and 4) whether or not the use will be contrary to the specific intent clauses or peformance standards established for the district in which it is located. Section 8-94.4 states the approval of a Conditional Use Permit may be valid only for a specified term, and may be made contingent upon the acceptance and observance of specified conditions, including but not limited to the following matters: a) substantial conformity to approved plans and drawings; b) limitations on time of day for the conduct of specified activities; c) time period within which the approval shall be exercised and the proposed use brought into existence, failing which, the approval shall lapse and be void; d) guarantees as to compliance with the terms of the approval, including the posting of bond; e) compliance with requirements of other departments of the City/County Government. ENVIRONMENTAL REVIEW: Categorically Exempt, Class 1, Section 15301 Existing facility involving negligible or no expansion of use beyond that previously existing. NOTIFICATION: Public Notice of the June 5, 1989, hearing was published in The Herald, mailed to adjacent property owners, and posted in public buildings. ANALYSIS: The Applicant is requesting approval of a Conditional Use permit to continue operation of an outdoor garden center at Payless Drug Store, 7201 Regional Street. The outdoor garden center totaling 1,260 square feet in area is located in front of the store south of the main entrance, behind a 40-inch tall concrete block wall. The Conditional Use Permit approving the outdoor garden center use which expired in September 1988, restricts outside display to live plant materials with the exception of seasonal items such as Christmas trees and pumpkins, which are subject to Administrative Conditional Use Permit approval. During the past 18 years Payless Drug Store has had several zoning violations relating to outdoor storage of non-plant materials, however, the violations were brought into compliance within the time frames established for compliance by the Zoning Investigator. -2- A field check of the site by Staff on May 31, 1989 revealed that the outdoor garden center is again in violation of the previous Conditional Use Permit approval and the C-1 Zoning District. The violations include storage and display of live plant materials in an area not designated in the Conditional Use Permit for that type of use, and the storage and display of non-live plant items (i.e. trash cans, potting soil, and clay planting pots) within the designated Garden Center. If the Applicant wishes to continue to use the area located to the south of the stores main entrance as a plant display and storage area, this should be included in the Conditional Use Permit request. Use of this area as an outdoor garden center will also require Site Development Review approval for a block wall enclosure similar to the existing wall on the north side of the stores main entrance. The primary concern with the outdoor garden center use is containing and maintaining the plant displays within the designated area established behind the block wall so as not to impede the shopping centers pedestrian circulation. A condition of approval is included in the Draft Resolution requiring zoning violations to be brought into compliance within 10 days of the effective date of the Resolution. This application request has been reviewed by the appropriate City Departments and DSRSD with no significant concerns (other than the zoning violation noted by Planning) raised by these Departments. The Draft Resolution of Approval includes conditions restricting outdoor display to live/growing plant materials, and requires maintenance of an unobstructed 8 foot wide sidewalk in front of the plant display area. RECOMMENDATION: FORMAT: 1) Open public hearing and hear Staff presentation. 2) Take testimony from Applicant and the public. 3) Question Staff, Applicant and the public. 4) Close public hearing and deliberate. 5) Adopt Resolution relating to PA 89-023 Payless Conditional Use Permit, or give Staff and Applicant direction and continue the matter. ACTION: Staff recommends the Planning Commission adopt Exhibit B, Draft Resolution approving PA 89-023 Payless Drug Store outdoor Garden Center Conditional Use Permit. ATTACHMENTS: Exhibit A: Plans dated received February 21, 1989 and April 11, 1989 Exhibit B: Draft Resolution of Approval Background Attachments: Attachment 1: Applicant's written statement Attachment 2: Location Map -3- 0 U, r%3 m m -4 Ul- < m 21 0 0 0 z Z L -4 m m omz z M-1n -4 I R F-;;: r L :c W4 oDm m A 3 C) m 11 rj 0 z M p 0 0 z 0-bb-lo� QNlNNVld Migna a 3 o 3 I t4l V� 4-1 V5 .0*,' -,Qx� C) >i - s d o ri -,w -- , —',;, i x -:a - A �cJGI`IVD -,\Ci` c� rloll._-� :a'i - - — UI b W N D D .. :•yr.",mea . myce•„ ' n 1 �_- -'vT�- ,I.,r_, "•�—f . ;lnm yam- r. - - y to - •': V'-' • 'I� _ +' �_ I I--i�- _� _ 1 it O � 'J=alxa 1 �nYs `-� 41'a ac- aatT+lua a m- F ��0°{'a R m m m ZAi - .r'- .'h.� '3Y'-;4r. �G l •-v +«...n 7K, mrst _'I' z I'. li L yi i 17 IV r '.p r; �P ' ;-.. 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C * A N i t V I I a rid- a 7, _ am �yT— �lr3we•.•:'a �:-1yr;� � 3rl^, �1�12Jo, �i RESOLUTION NO. 89 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING PA 89-023, PAYLESS DRUG STORE OUTDOOR GARDEN CENTER CONDITIONAL USE PERMIT AT 7201 REGIONAL STREET WHEREAS, Andrew Anderson Architect, representing Payless Drug Store, filed an application for a Conditional Use permit to continue operation of an existing outdoor Garden Center for display of live plant materials at 7201 Regional Street; and WHEREAS, the application has been reviewed in accordance with the provisions of the California Environmental Quality Act (CEQA) and has been found to be Categorically Exempt, Class 1, Section 15301, as the use is existing having negligible or no expansion of use beyond that previously existing; and WHEREAS, the Planning Commission held a public hearing on said application on June 5, 1989; and WHEREAS, proper notice of said public hearing was given in all respects as required by law; and WHEREAS, the Staff Report was submitted recommending that the application be conditionally approved; and WHEREAS, the Planning Commission heard and considered all said reports, recommendations and testimony hereinabove set forth; and NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission does hereby find that: a) The use is required by the public need to provide display and sales of live plant materials to the general public; b) The use will be properly related to other land uses and transportation and service facilities in the vicinity as daytime activities will be commensurate with present use of properties in the commercial Zoning District; c) The use, if permitted, under all the circumstance and conditions of this particular case, will not materially affect adversely the health or safety of persons residing or working in the vicinity, or be materially detrimental to the public welfare or injurious to property or improvements in the area as all applicable regulations will be met; d) The use will not be contrary to the specific intent clauses or performance standards established for the District in which it is to ;be located, as the outside display of live plant materials, with limited impacts, is consistent with the character of the commercial district; e) The garden display area will be consistent with the General Plan and Downtown Specific Plan. BE IT FURTHER RESOLVED that the Planning Commission does hereby conditionally approve said application subject to materials labeled Exhibit "A" on file in the Dublin Planning Department and subject to the following conditions. 1. This Conditional Use Permit approval is for an outdoor Garden Center within a 1,260 square foot area located north of the Payless Store main entrance behind an existing 40-inch tall concrete block wall. 2. The Property Owner/Store Manager shall bring all Zoning violations relating to the outdoor Garden Center into compliance within 10 days of the effective date of this approval. Hof Fil}(055 C-u7 3. The outdoor display and sale of items in the Garden Center shall be limited to a) live/growing plant materials and b) seasonal items (i.e. Christmas Trees and Pumpkins) subject to approval of an Administrative Conditional Use Permit in compliance with Section 8-60.60.1, Temporary Uses, Administrative Conditional Use Permit of the Zoning Ordinance. 4. The Property Owner/Store Manager shall maintain at all times a minimum 8 foot wide unobstructed sidewalk running the length of the store frontage (as approved under PA 84-046 Payless Conditional Use Permit and Site Development Review). 5. This Conditional Use Permit approval shall be valid for a period of three (3) years until June 15, 1992, at which time the Applicant may request an administrative extension for an additional two (2) years from the Planning Director provided such written request is made prior to the permit expiration date and upon determination that the conditions are being complied with and remain adequate to ensure that the stated findings will continue to be met. 6. This Conditional Use Permit shall be void if any of the terms or conditions of the permit are violated. Any violation of the terms or conditions of the permit shall be subject to Citation. 7. This permit shall be revocable for cause in accordance with Section 8-90.3 of the Dublin Zoning Ordinance. PASSED, APPROVED AND ADOPTED this 5th day of June, 1989. AYES: NOES: ABSENT: Planning Commission Chairperson ATTEST: Planning Director -2- =~ ~� A N O R E W P . A N D E R S O N A R C H | T E C 7 ,ryy ~r. omeLo aouucv^no SUITE L^r^,cns. CALIFORNIA y454y `susp"uws .^.s, uu+ +aro DATE : February 20. 1989 TO : Citv Of Dublin P1annino Commission 6500 Dublin Blvd. . Suite D Dublin. Ca. 94568 REF : Renewal Conditional Use Permit Pa y Less Druo S #Store 4245 7201 Regional St. Dublin' Ca. 94568 . � �� K� Assessors Parcel # 94l-305-16 �� C �� " ,' 1�°~ ~~ '~ _ WE ARE TRANSMITTING TO YOU : X I:F; �� m ATTACHED : X INFORMATION BELOW : X -~'--' Members of the Commission: The fo] lowino is a request for vour approval of a renewal of PA-84-046, Pav Less Conditional Use Permit~ oriqinaIly qranted under Resolution #84-47, on 9/4/84. The proiect consists of the continuing operation of an existinq 1 , 260 sp. ft. r Garden Material Display Area located at the Western face of the Pav Less Drt..tg Store Buildinq. The Displav Area was constructed in conformity with plans approved under the original application, together with extensive jr, and Off Site Improvements, and has operated within the provisions of the Resolution. As noted in the minutes of approval of Resolution 84-47: The use : (a> Fulfills a recluired oublic need: (b) Is properly related to other land uses in the vicinitv; ;c> Does not adverselv affect the health and/or safetv of persons in the area: (d) Is not detrimental to the public welfare or injurious to either pr or)ertv or improvements in the areaATTACHMENT - _ _ A N D R E W P . ANDERSON ARCHITECT 3799 MT. DIABLO BOULEVARD SUITE 2 LAFAYETTE.CALIFORNIA 94549 TELEPHONE 1415)284-4870 (e) Is not contrar•; to the specific intent clauses or performance standards established for the District: (f) Is consistent with the policies of the General Plan: At the time of notification that Application for renewal would be required, Pay Less management reviewed the visual impact of the Display Area and would like to offer the following, as a possible means to add natural colors and simultaneously soften the line of the enclosure wall. 1. Unlike many areas, the weather in Dublin permits almost continuous display of a changing variety of plant material: 2. The existing 8' wide walk area adiacent to the enclosure wall is more extensive than required for normal day to day pedestrian traffic: 3. Their suggestion. which is offered for your consideration and possible inclusion in Permit approval, is that a permanent, tiered platform approximately 310" in width be installed within the under utilized walk area along the wall length. This platform could then serve as a changing landscaped area of live plant materials. 4. It is recognized that although this is not entirely consistent with the enclosure provisions for outdoor display, it is consistent with the policy of utilizing, wherever possible, planting materials to create a more attractive environment. We hope that you will feel the suggestion has merit. but in any event, we believe that we have fulfilled the requirements of the original resolution and look forward to your approval for a continuation of what has proven to be a very popular attr'Ystion for Dublin "preen thumbers", nr r v AI R- . ANDERSON ARCHITECT CC;; CONSTRUCTION MANAGER ARCHITECT ,...... ......, - . ANDREW P. ANDERSON ARCHITECT 3799 MT. DIABLO BOULEVARD SUITE 2 LAFAYETTE.CALIFORNIA 94549 ...--. TELEPHONE (415)2B4-4870 illICEIVED DATE : April 6, 1989 Pk 11 1980 TO : City Of Dublin Planning Commission 1111.10~111144 6500 Dublin Blvd., Suite D Dublin, Ca. 94568 REF : Renewal Pay Less Drug Store #4245 CUP PA 89-023 7201 Regional St.. Dublin, Ca. 94568 Assessor's Parcel #941-305-.16 WE ARE TRANSMIT-FINS TO YOU : X ATTACHED : X INFORMATION BELOW : X REPRODUCTIONS : X Members of the Commission : In accordance with the Status Advisory letter received from Miss O'Halloran of -;,our staff, please find attached ten (10) large scale plans and one (1) reduced scale plan of the Outdoor Plant Storage/Display Area under consideration. Mr. Ted Dorsett, the Store Manager is submitting, under separate cover, a letter outlining the operational details requested in the Status Advisory letter. In my initial submittal letter, I outlined a proposal which would have created a tiered plant display area adjacent to the enclosing masonry wall and which would have tended to soften and add color. Subsequent discussions with the Staff indicated that this could only be accomodated with severe restrictions as to display method. The attached plans were then created and submitted to Pay Less management. for their review. It is their opinion that the restrictions regarding display methods and signing would require a degree of policing beyond the capability of their personnel. In essence, shoppers have a tendency to handle plant materials re-locating them at will, and require information regarding the materials be posted adjacent thereto. A _.F. ' / TA en-OZ3 Tt4{1.04s cal ANDREW P. ANDERSON ARCHITECT 3799 MT. DIABLO BOULEVARD RECEIVED SUITE 2 - LAFAYETTE.CALIFORNIA 94549 TELEPHONE (415/284-4870 Ai* 1Jel DUN PLANNING As this freedom of action and lack of posted information would be severely restricted, it was felt that we should withdraw this proposal and request only that the original CUP he renewed based upon material/s located within the areas behind the masonry enclosure walls as noted on the plans. I am therefore asking that. your review of the plans disregard all references to the above noted proposal which are contained in the submittal. ... Si 'rely ANDREW P. ANDERSON ARCHITECT CC:: CONSTRUCTION MANAGER ARCHITECT n . SEE SHEET 1A . 17:1 'ti ->/0- 24:.....ap '• .0 :...•-h : 7..114 ••• t,., P"•-•7 '4, 4 7:"' ' ‘c,A b 049 1... 1 pi N../ ___[:,.,7, ,.. ,, . _ . ..., .. .. ,: 1 __ 1 '::: . -- rr‘u‘--- r _,__,2 .,„,, v IY I_ - �'i `;,111 381 i 1` Jm \ ��1 'isles '0-c.Ai y . —ix 1 s� 01 ! • C N �.' i . 1 i .1-'''''''''' '',..,„\,, '" — Am-- rZ:''t .§ 4:041,0001',,,,-, . \° �� j•.� •� 0 1 \\\ I v,�. 1 Cs) A j n ,n -= - \_\to v, ; Oh. r"; \y 1 n ter , \ i '.i. ,1 \� I \\ a w ______\ ?..- , . -/-(A 9 ---\)y, el /�I ro••uo r A PART OF THE +. i CITY 0 ...,.,.... _ _ 3 O ^4.y1750 CITY OF DUBLIN PLANNING COMMISSION AGENDA STATEMENT/STAFF REPORT Meeting Date: June 5, 1989 TO: Planning Commission FROM: Planning Staff REPORT PREPARED BY: Maureen O'Halloran, Senior Planner 150 SUBJECT: PA 89-045 Valley Lutheran School/Preschool and Elementary School Conditional Use Permit GENERAL INFORMATION: PROJECT: A Conditional Use Permit to allow the continued operation of a Preschool and Elementary School within the existing facilities located at 8850 Davona Drive. APPLICANT: Henry J. Aschbrenner Valley Lutheran Education Association P. 0. Box 5481 Walnut Creek, CA 94596 PROPERTY OWNER: Sergei S. Koberg, Pastor St. Philip Lutheran Church 8850 Davona Drive Dublin, CA 94568 LOCATION: 8850 Davona Drive Dublin, CA 94568 ASSESSOR PARCEL NUMBER: 941-183-103 PARCEL SIZE: 2.47 Acres GENERAL PLAN DESIGNATION: Single Family Residential .9-6 units per acre EXISTING ZONING AND LAND USE: R-1-B-E, St. Philip Lutheran Church and Valley Lutheran Preschool and Elementary School SURROUNDING LAND USE AND ZONING: North: Single Family Residential (City of San Ramon) South: R-1-B-E, Single Family Residential East : R-1-B-E, Single Family Residential West : PD, Residential ZONING HISTORY: C-1259 - July 11, 1962, the Alameda County Board of Zoning Adjustment approved a Permit to construct a Church and related facilities on the parcel, subject to six conditions, including a provision for off-street parking with no on-street parking to be utilized by the Church. V-2343 - December 19, 1962, the Alameda County Board of Zoning Adjustment approved Adjustment to extend time of condition #4 of prior permit for installation of a fire hydrant and 6' main, to be installed prior to second stage develoment. �y COPIES TO: Applicant y Owner ITEM NO. D File PA 89-045 V-2885 - May 20, 1964, the Alameda County Planning Commission approved Adjustment for a Little League and substitute parking, subject to 15 conditions to April 14, 1966. V-3223 - April 14, 1965, the Alameda County Planning Commission approved Adjustment for Little League and substitute parking, subject to 15 conditions, to April 14, 1966. V-3849 - September 19, 1966, the Alameda County Planning Commission approved Adjustment for continued use of Little League field and substitute parking, subject to 21 conditions, for a three-year period. July 5, 1967, the Alameda County Planning Commission approved a Conditional Use Permit for a private recreation facility (Little League field), subject to 12 conditions, to July 5, 1970. C-1834 - January 15, 1968, the Alameda County Planning Commission approved Conditional Use Permit for expansion of Church by addition of a 30' x 60' wing for a classroom and social hall, subject to obtaining a Building Permit within one year. C-2262 - March 10, 1971, Conditional Use Permit was approved for Little League field, for a 4 year period, subject to 3 conditions. C-2681 - October 17, 1973, Conditional Use Permit was approved for a day Nursery School for 24 children, for a 3-year period. C-3092 - May 12, 1976 Conditional Use Permit was approved for Little League field, subject to 7 conditions, for a 2-year period. C-3161 - November 17, 1976 - Conditional Use Permit was approved for a day Nursery School for 24 children, for a 3-year period. C-3706 - December 12, 1979, Conditional Use Permit to continue a day Nursery School for 24 children was approved, expiration December 12, 1984. PA 84-010 - April 2, 1984, Conditional Use Permit was approved to operate an Elementary School with a maximum of 75 children in existing Church facilities, expiration July, 1986. PA 84-065 - November 19, 1984, Conditional Use Permit was approved to continue operation of a Preschool for a maximum of 24 children, expiration July, 1986. PA 86-004 - February 18, 1986, the Planning Commission approved Conditional Use Permit to continue operation of the Preschool and Elementary School. APPLICABLE REGULATIONS: Section 8-26.3 of the City's Zoning Ordinance indicates community facilities including elementary schools and preschools are subject to approval of a Conditional Use Permit. Section 8-87.22 A), R-1, R-2 and R-S Districts, Signs Permitted identifies the following signs requires Conditional Use Permit: 1. Directional Tract Signs 2. Community Identification Signs 3. Identification Signs Section 8-87.50 I) Permitted Signs allows bulletin boards used to display announcements, pertaining to on-site church schools, maximum sign area on bulletin boards shall not exceed 24 square foot. Section 8-94.0 states that conditional uses must be analyzed to determine: 1) whether or not the use is required by the public need; 2) whether or not the use will be properly related to other land uses, transportation and service facilities in the vicinity; 3) whether or not the -2- use will materially affect the health or safety of persons residing or working in the vicinity; and 4) whether or not the use will be contrary to the specific intent clauses or peformance standards established for the district in which it is located. Section 8-94.4 states the approval of a Conditional Use Permit may be valid only for a specified term, and may be made contingent upon the acceptance and observance of specified conditions, including but not limited to the following matters: a) substantial conformity to approved plans and drawings; b) limitations on time of day for the conduct of specified activities; c) time period within which the approval shall be exercised and the proposed use brought into existence, failing which, the approval shall lapse and be void; d) guarantees as to compliance with the terms of the approval, including the posting of bond; e) compliance with requirements of other departments of the City/County Government. ENVIRONMENTAL REVIEW: Categorically Exempt Class 1 Section 15301, existing use/facility involving negligible or no expansion of use beyond that previously existing. NOTIFICATION: Public Notice of the June 5, 1989, hearing was published in The Herald, mailed to adjacent property owners, and posted in public buildings. ANALYSIS: The current Conditional Use Permit approval for Valley Lutheran School (expiration date July 31, 1989) allows a combined maximum total of 150 children for the Preschool and Elementary School uses (grades Preschool - 8th). The applicant is requesting approval of a new Conditional Use Permit in order to continue operation of the Schools and to expand the maximum number of students permitted to 175 over the next 3 years. The applicant proposes to use the existing facilities and no new construction is proposed. The school presently consists of grades pre-school through sixth. The School hours of operation are from 8:30 a.m. to 3:00 p.m. Monday through Friday. Additionally, extended care is provided Monday through Friday in the mornings between 7:00 a.m. and 8:30 a.m., and in the afternoons between 3:00 p.m. and 6:00 p.m. The extended care program is designed to provide care for those students attending the School whose parents work in the mornings prior to the beginning of school, and in the afternoon after school is out. Both ingress and egress for the School is provided via Davona Drive. The site presently contains 68 parking spaces. The drop-off and pick-up of students occurs entirely on-site within the existing parking area. The school has operated at the present location since 1973. The School has complied with all previous Conditions of Approval and the City has not received any complaints associated with the School. The application has been reviewed by the Planning, Engineering, Public Works, Police, Fire Department, and DSRSD. Conditions of Approval are included in the Draft Resolution of Approval. In addition to the Conditional Use Permit request, the Applicant is requesting approval to hang a 43+ square foot banner for a total of six weeks throughout the year, advertizing enrollment in the school. The City's Sign Ordinance does not specifically permit promotional signage in residential districts, as the temporary promotional signage is permitted in the Commercial Districts subject to approval of an Administrative Conditional Use Permit or Conditional Use Permit. -3- The City's Sign Ordinance does however, permit bulletin boards on which the school could advertise school enrollment. The maximum permitted area for a bulletin board is 24 square feet. There is no time limit or maximum number of days permitted for the bulletin board display. In order to hang a banner in compliance with the R-1 Sign regulations, the applicant would need to reduce the size of the banner and post it on a bulletin board. RECOMMENDATION: FORMAT: 1) Open public hearing and hear Staff presentation. 2) Take testimony from Applicant and the public. 3) Question Staff, Applicant and the public. 4) Close public hearing and deliberate. 5) Adopt Resolutions regarding the Conditional Use Permit, or give Staff and Applicant direction and continue the matter. ACTION: Staff recommends the Planning Commission adopt the attached Resolution approving Conditional Use Permit for PA 89-045 Valley Lutheran Preschool/Elementary. ATTACHMENTS: Exhibit A: Site Plan, Floor Plan Exhibit B: Draft Resolution approving Conditional Use Permit PA 89-045 Background Attachments: 1. Location Map 2. Applicant's Written Statement -4- oa _ xd_ \ p ST PAILIP [TPA. CH. YwC tr i� w DUBLIN, C `rIN� � rc� EX Icrril4� L..WN ./fA4G�� „ , \. ',,rwa ww scale: 5 30 �-Nt..l �O.1N0 � ru T4G A. 1 \ N 1 33' E) a1 ��. 'A, I �, N i 0 / . —'e;A' 0 ""ci7).i•.: ..,i , 0 C)/0) / M rimi 111 .ram ('J' / c 1(,e .!w w."..—y - -2''""'° Vie- - f -- n' iif _. ...,, / �4lq y . .0/I ..-- ' ,V 4) •' 411Aiip',... • •.. 17;...-7.....,, 7:7.:...* ":1--'cial.P.-.. i 41:-.:- LX Zi ii 35 -17- ..1;14 it ) , ,1 C., mlNy 0 • .. uMLK 17i(fl GQ aryLia.i) •�' •�1 t •� T' �YC r r u., � . eW r ty• . ;� 1 ,,t , ; . ZC t . HCW gSPNgLT,PA/iNb Classroom Classroom Classroom # 1 # 2 # 3 cky_ . 9 Hallway QZ V„, 114 2 z>i m aa - o Classroom I ...",: St. Philip Lutheran Church Facilities utilized by r Valley Lutheran School Off es Scale - 1 inch • 15 feet 18 4H _. L /-5" RESOLUTION NO. 89 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING PA 89-045, VALLEY LUTHERAN SCHOOL CONDITIONAL USE PERMIT APPLICATION TO OPERATE AN ELEMENTARY SCHOOL AND PRESCHOOL WITHIN EXISTING FACILITIES. WHEREAS, the applicant, Henry Aschbrenner, representing Valley Lutheran School, filed an application for a Conditional Use Permit to operate an Elementary School and Preschool for a maximum of 175 students within existing facilities at 8850 Davona Drive; and WHEREAS, the application has been reviewed in accordance with the provisions of the California Environmental Quality Act (CEQA) and is Categorically Exempt, Class 1, Section 15301; and WHEREAS, the Planning Commission held a public hearing on said application on June 5, 1989; and WHEREAS, proper notice of said public hearing was given in all respects as required by law; and WHEREAS, the Staff Report was submitted recommending that the application be conditionally approved; and WHEREAS, the Planning Commission heard and considered all said reports, recommendations and testimony hereinabove set forth; and NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission does hereby find that: a) The use is required by the public need for an alternative to public education; and has served this need since 1973 for the Preschool and since 1984 for the Elementary School. b) The use will be properly related to other land uses and transportation and service facilities in the vicinity in that the site is located at the corner of a major roadway and the daytime activities of the project will be commensurate with the present use of the surrounding properties within the neighborhood. c) The use, under all the circumstances and conditions of this particular case, will not materially affect adversely the health or safety of persons residing or working in the vicinity or be materially detrimental to the public welfare or injurious to property or improvements in the neighborhood as all applicable regulations will be met. d) The use will not be contrary to the specific intent clauses or performance standards established for the district in which it is to be located, the Preschool and Elementary School use is consistent with the character of the residential district. BE IT FURTHER RESOLVED that the Planning Commission does hereby conditionally approve PA 89-045 as shown by materials labeled "Exhibit A" on file with the Dublin Planning Department dated received April 21, 1989, subject to the following Conditions: Conditions of Approval Unless otherwise specified, the following conditions shall be complied with prior to issuance of building permits or establishment of use. Each item is subject to review and approval by the Planning Department unless otherwise specified. ResolAeol V 89-04S VaU4 4 SC& C( cup 1) Valley Lutheran Elementary School and Preschool shall be limited to a combined total of 175 children and shall be limited to grades pre-kindergarten through eighth. 2) Regular hours of operation for the Preschool and Elementary School shall be limited to the hours between 7:00 a.m. and 6:00 p.m. Monday through Friday. 3) Outside play activities shall not occur prior to 8:00 a.m. 4) School noise shall be controlled so as not to create a nuisance to the adjoining residential neighborhood. 5) The drop-off and pick-up of students shall occur on-site within existing parking areas. 6) The applicant shall submit evidence to the Planning Director that the appropriate licenses and permits to operate a Preschool have been obtained from the State. 7) At the minimum, on an annual basis the school operator shall make arrangements to have the Dublin Police Services Child Abuse Program, or an equivalent program, presented to the school staff and all children attending the school facility. 8) This Conditional Use Permit approval shall be valid for a period of three (3) years until June 15, 1992, at which time the Applicant may request an administrative extension for an additional two (2) years from the Planning Director provided such written request is made prior to the permit expiration date, and upon determination that the conditions are being complied with and remain adequate to ensure that the stated findings will continue to be met. PASSED, APPROVED AND ADOPTED this 5th day of June, 1989. AYES: NOES: ABSENT: Planning Commission Chairperson ATTEST: Planning Director -2- Vatfey r Lutheran School- As God's dear children, 40 try to be like Him,and 2317 Buena Vista Avenue Mailing Address 8850 Davona Drive live in love as Christ Walnut Creek, CA 94596 P.O.Box 5481 Dublin,CA 94568 loved you. (415)932-2919 Walnut Creek,CA 94596 (415)829-3857 (Ephesians 5:1-2 NEB) April 20, 1989 Dublin City Planning Commission 6500 Dublin Blvd. R; :C t i ,� Dublin, California 94568 CV APR 21 19p9 Dear Members of the Dublin City Planning Commission: DUgul�,y��s�,�,• St. Philip Lutheran Church, 8850 Davona Drive, Dublin, and the Valley LZINNA gsEduca- tion Association, P.O. Box 5481, Walnut Creek, California, desires to obtain an extension of their conditional use permit to operate a preschool and elementary school, grades Pk - Grade 8, in the facilities of St. Philip Lutheran Church, 8850 Davona Drive, Dublin. We will continue to use existing facilities with no new construction planned in the foresee- able future. During the 1989-1990 school year we will continue to offer a program for Preschool trade 6 with' approximately 160 students. Presently we have 138 students in our programs. Maximum enrollment expected over the next three years is 175 students. The way our educational programs are set up, the maximum number of students on campus at any 9i,ye.n time. is.120 children. The Lutheran Church has had a long history, dating back to the early 1800's, of in- cluding a full educational program for its children as part of the total church program. The Lutheran Church has more than 1600 elementary schools nationwide, including twenty schools in the Greater San Francisco Bay Area. Present enrollment and interest in our school has convinced our people that there continues to be a great need for a fully grad- ed Lutheran Preschool and Elementary School in the Dublin area. We feel strongly that we can continue to be of great service to the community of Dublin and the surrounding commun- ities by continuing to operate our Lutheran School in this area. The landscape and architectural blueprints which you have on file show the facilities of St. Philip Lutheran Church, its parking areas, playground and lawn areas, and the land- scape design. Outlined in red are the buildings areas that are being used as classrooms. I have also indicated, in red, the traffic flow pattern that is being used by our parents each morning and afternoon as they drop off and pick up their children. According to ac- tual tabulations, the maximum traffic generated by our school presently is forty-five cars, in and out, twice daily. This traffic is spread over a one hour period in the morning, a forty-five period at noon, and a three hour period in late afternoon. Our school will continue to operate between the hours of 8:30 A.M. - 3:00 P.M. with extended care in the mornings from 7:00 - 8:30 A.M. and in the afternoons from 3:00 P.M. - 6:00 P.M., Monday - Friday. No other programs of St. Philip Lutheran Church takes place on the grounds during school hours except an Adult Bible Study Group of 7-10 women which meets on Thursday mornings, 10:00 A.M. - 11:30 A.M. THE VALLEY LUTHERAN EDUCATI I' T I I IUI I TENT w First,Concord • Holy Cross,Concord • Our Sa,'847—O'f5 JcalN LJ a•. 5cL•oI cop emkmN The following programs operate at St. Philip Lutheran Church outside school hours. Alcoholics Anonymous - Monday evenings, 7:30 P.M. (20-30 people) Church Boards - Monday evenings, 7:30 P.M. (5 -10 people) Midweek Church School- First and Third Tuesday, 3:30 - 5:00 P.M.(40-50 children) Church Choir - Thursdays, 7:30 - 9:00 P.M. (10 - 16 people) Alcoholics Anonymous - Friday evenings, 7:30 P.M. (15-25 People) Narcotics Anonymous - Saturday evenings, 7:30 P.M. (10-15 people) Church Services - Sunday mornings, 8:00 A.M. - 12:00 Noon Senior Youth Group - Sunday evenings, 6:00 - 8:00 P.M. (10-15 youth) rn all other areas where Lutheran Churches operate elementary schools as part of their total program, the school is well accepted by the neighborhood and community. We feel that our school has been well accepted by our immediate neighborhood also, as well as by the Dublin community. I have not received one negative complaint from any neigh- bor during the five years that our school has been in operation here in Dublin. We pledge to continue to cooperate in any way we can with our neighbors and the Dublin City Planning Commission so that we may obtain an extension of our conditional use permit. I have included our school brochure which gives more information on our philosophy and me- thod of operation. Pf you have further questions or desire additional information, do not hesitate to call. cerely yo s, ry . schbrenner • Administrator, Valley Lutheran Ed. Assn. Q Pastor Serge Koberg St. Philip Lutheran Church '"1 ..1,0d7lNtA4dh'r+K=P..'\•9 '.+ .�ztzwriz'a+swr .. 6 i • 1 ate',, , ' / 5 � ,� .� ! - t 1 SEC SHEET,3i1 C/ X • 7-r1 1.1 �/ 't < �.1. r rn ,,N,...y . .....( ..- -- - �1 a�Q i -'17-4„1.s,1 '-\"; — .. .- .- ..„ - - .... � ' \ / �S / I ti r -1 / / �'., / ik /// ,' . ' /// / „'- / / '. q° .- . .- 't` // �1 _ - / _ \ 5 `t �� ,..' � Z � 11, I c)f-f,- c /1 ..o,. f .\ I\ ......„oviii ..... •14 Y• ..0.7 ,..,iw 1.. , : \ \ $si, • ,$,.$ 0„, 1 sii.miLeit• , s I, \ \ OISSA 7 1‘ s.303 s% . . <,7 . ^ is, ;� . 0 o. 1 \ 4 of m s r n • � Zr # wpOw=4 \ \ice, p 'ynI 1 hi t Pll - '°Lit SI t • .5.- ..--- \ ,, il— 'Li.1--- I 0 II I — .r, ;.-<3:. p\--14.1111111gr, .... •P° w t.-,1' �� ..r �� LOCAT1oIJ ' +;x 7. " '""A °FOR ""`A"`°°7 A PART OF THE 1 b•Nipt....7 i"1 E O 40. CIT1 i ulc"fani D jam • , a PAINT .[ To t L nf'T ^fir' Fte0Ct- ,_ f . 1-161 1I -v f ✓ . - -- - -- . . y. may. .. .>'a • .e .::..�,'y..W,A.4rC..,a,.,:. -:s..,.ti:r:3T-.,...•. ✓.> r�O P-.,. ..r it^:Ms?w9Rwr.4.fl_.-GR:>'.'. n^yr, < Ya n r rrr . .,.....�.. CITY OF DUBLIN PLANNING COMMISSION AGENDA STATEMENT/STAFF REPORT Meeting Date: June 5, 1989 TO: Planning Commission FROM: Planning Staff SUBJECT: PA 88-139 Crown Chevrolet GENERAL INFORMATION: PROJECT: Conditional Use Permit and Site Development Review APPLICANT: Pat Costello, Crown Chevrolet PROPERTY OWNER: Betty J. Woolverton LOCATION: East side of Golden Gate Drive South of 7544 Dublin Boulevard ASSESSOR PARCEL NUMBER: 941-1500-32 PARCEL SIZE: 1.97+ acres DOWNTOWN SPECIFIC PLAN DESIGNATION: Regional Transit/Mixed Use EXISTING ZONING AND LAND USE: C-2/Vacant SURROUNDING LAND USE AND ZONING: North: C-2/Auto Dealership South: C-2/Office & Lab Facilities West: M-1/Retail/Vacant East: Planned Development (commercial) ; vacant ZONING HISTORY: The subject property was zoned C-2 by Alameda County sometime in the 1960's. No planning applications for the subject property beyond ACUP's for Christmas Tree sales have been processed. The property is adjacent to and would connect with tie existing Crown Chevrolet Auto Dealership. A Conditional Use Permit (CUP) was approved by the County for the auto dealership in 1969. This CUP was amended in 1972 and 1973 for provision of portable sales office, addition of parking and structural (building) additions. No time_ limits exist for these CUP's. COPIES TO: Applicant ITEM NO. OwnerFile PA 88-139 APPLICABLE REGULATIONS: Section 8-49.2 g) lists automobile sales or storage lot as a conditional use for the C-2 zone. Section 8-94.0 states that conditional uses must be analyzed to determine: 1) whether or not the use is required by the public need; 2) whether or not the use will be properly related to other land uses, transportation and service facilities in the vicinity; 3) whether or not the use will materially affect the health or safety of persons residing or working in the vicinity; and 4) whether or not the use will be contrary to the specific intent clauses or peformance standards established for the district in which it is located. Section 8-94.4 states the approval of a Conditional Use Permit may be valid only for a specified term, and may be made contingent upon the acceptance and observance of specified conditions, including but not limited to the following matters: a) substantial conformity to approved plans and drawings; b) limitations on time of day for the conduct of specified activities; c) time period within which the approval shall be exercised and the proposed use brought into existence, failing which, the approval shall lapse and be void; d) guarantees as to compliance with the terms of the approval, including the posting of bond; e) compliance with requirements of other departments of the City/County Government. Section 8-94.3 requires concurrent review of a Site Development Review application. Section 8-95.0 states that Site Development Review is intended to: 1. Promote orderly, attractive, and harmonious development 2. Recongnize environmental limitations on development 3. Stabilize land values and investments 4. Promote the general welfare by preventing establishment of uses or erection of structures having qualities which: a. would not meet the specific intent clauses or performance standards of the zoning regulations b, are not properly related to their sites, surroundings, traffic circulation, or their environmental setting. The Downtown Specific Plan has three goals which apply to this project. 4c) Encourage retention of existing automobile dealerships while developing contingency plans for potential relocation within the City of Dublin. 5a) Improve the overall visual quality of the downtown area. 5e) Encourage more landscaping in parking lots. These goals are re-iterated in the policies. Diagram 11 of the Specific Plan illustrates Interim Use Zones and Standards. The subject property is in Interim Use Zone A; the diagram states that any parking lot development shall be adequately landscaped. Tae adjacent Interim Zone D, in which Crown Chevrolet is located, states that "any additional development shall be contingent upon screening service use and increased landscaping. " Development Standards (p.38) for all areas of the downtown state: a) Parking lots shall be screened by low walls and/or landscaping from adjacent streets. b) Parking lots shall contain a minimum of 20% of their surface area in landscaping. -2- E w rt O cn >r rt (n m Fl H• £ H at r� "d H Oq £ w (n (n 0 (n O H "U ti "d H 171 m w H. Fv H m w PC H C) b b y H o (') a z w 'd P ti H. cn P' rt C H. : w �' rt m w �r ti r• rr P' ti rt Fi �' w H. w� G x m ti " m rt a m �' O F w �' rt o rt 0 C o m a. m m m m m m m m m 'd P. m x' m s 0 � m F� w r x P N H• N a F 3' W O G (D w. �' 'd N, Q, (D rt " r H H• G m r• rt m G rt � ^ r• n "d r• a rt � h F-' d C) d ti m rt F- C) ti � f•h'd''b w O rt m w H. ,.d H n En w d ti rt w 1 0 d rt m o m m w C) rt w rt w H. F' F� rt m N m O "d m fn H. £ 'd rt G G CA m w m d rt w in rt O H. 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Ft (D rt O w� En m m 9 N 'd in t L O m Fi n � 9 w G O G w CY' m (D rL H. :1' F� m rt w rt rt w a H Ft a o w= w" rCC4 O w Ft w En (D Oq mj� m" rt w 0 rt rn rt t m rt rt rt w Fl P p w w E Fd Fh X w�l m rt H• H• n w rt CL Oq Fh w O m m N rt H w (D rt "d x H• F- O rt F F) 0 CL (n m rt O H. 1-4 O H• O t7 (� m F- C o H. m m H w Fi m Fi w C1 (D ",S' rt r't Fd ri sr w rt :j 0 Fl O o p O Fi F- �J O Fi w rt (n H• O F- d r: rt i✓ m �J rt CL (D CL "J Fl- H' O rt ' Fr�f n r• H• ]' m 0 P o o hi w G a F• m m F- H) C (D p, rt m (Drt rt Fd Ci Fh H• p (n j F'• (n a''d m w m H• o m H• Qq 7' FI Fh F- �j Fl C rt rt m td w o F'• (D H• m Ft rlq m O . Fi N rwt .'Hj O rt aq 9 H H C17 ro H w r• d cn tr1 C�1 H. rXI Cn UJ CD H n rt O ri 0 CITY OF DUBLIN SITE DEVELOPMENT REVIEW STANDARD CONDITIONS All projects approved by the City of Dublin shall meet the following standard conditions unless specifically exempted by the Planning Department. 1. Final building and site development plans shall be reviewed and approved by the Planning Department staff prior to the issuance of a building permit. All such plans shall insure: a. That standard commercial or residential security requirements as established by the Dublin Police Department are provided. b. That ramps, special parking spaces, signing, and other appropriate physical features for the handicapped, are provided throughout the site for all publicly used facilities. c. That continuous concrete curbing is provided for all parking stalls. d. That exterior lighting of the building and site is not directed onto adjacent properties and the light source is shielded from direct offsite viewing. e. That all mechanical equipment, including electrical and gas meters, is architecturally screened from view, and that electrical transformers are either undergrounded or architecturally screened. f. That all trash enclosures are of a sturdy material (preferably masonry) and in harmony with the architecture of the building(s). g. That all vents, gutters, downspouts, fleshings, etc., are painted to match the color of adjacent surface. h. That all materials and colors are to be as approved by the Dublin Planning Department. Once constructed or installed, all improvements are to be maintained in accordance with the approved plans. Any changes which affect the exterior character shall be • resubmitted to the Dublin Planning Department for approval. i. That each parking space designated for compact cars be identified with a pavement marking reading "Small Car Only" or its equivalent, and additional signing be provided if necessary. j. That all exterior architectural elements visible from view and not detailed on the plans be finished in a style and in materials in harmony with the exterior of the building. k. That all other public agencies that require review of the project be supplied with copies of the final building and site plans and that compliance be obtained with at least their minimum Code requirements. ATTACHMENT 2. Final landscape plans, irrigation system plans, tree preservation • techniques, and guarantees, shall be reviewed and approved by the Dublin Planning Department prior to the issuance of the building permit. All such submittals shall insure: a. That plant material is utilized which will be capable of healthy growth within the given range of soil and climate. b. That proposed landscape screening is of a height and density so that it provides a positive visual impact within three years from the time of planting. c. That unless unusual circumstances prevail, at least 75% of the proposed trees on the site are a minimum of 15 gallons in size, and at least 50% of the proposed shrubs on the site are minimum of 5 gallons in size. • d. That a plan for an automatic'irrigation system be provided which assures that all plants get adequate water. In unusual circumstances, and if approved by Staff, a manual or quick coupler system may be used. e. That concrete curbing is to be used at the edges of all planters and paving surfaces. f. That all cut and fill slopes in excess of 5 feet in height are rounded both horizontally and vertically. g. That all cut and fill slopes graded and not constructed on by September 1, of any given year, are hydroseeded with perennial or native grasses and flowers, and that stock piles of loose soil existing on that date are hydroseeded in a similar manner. h. That the area under the drip line of all existing oaks, walnuts, etc., which are to be saved are fenced during construction and grading operations and no activity is permitted under them that will cause soil compaction or damage to the tree. i. That a guarantee from the owners or contractors shall be required guaranteeing all schrubs and ground cover, all trees, and the irrigation system for one year. j. That a permanent maintenance agreement on all landscaping will be required from the owner insuring regular irrigation, fertilization and weed abatement. 3. Final inspection or occupancy permits will not be granted until all construction and landscaping is complete in accordance with approved plans and the conditions required by the City. . £HE CITY OF DUBLIN • P.O.Box 2340 Dublin,CA 94568 - (415)829-4600 STANDARD PLANT MATERIAL, IRRIGATION SYSTEM AND MAINTENANCE AGREEMENT I (property owner) do hereby agree that all plants (trees, shrubs and ground cover) will be installed in accordance with the City of Dublin's approved landscape plan for (name of project) located at • (address). All plants will be replaced in kind as per the approved plan at such time as they are found to be missing, diseased, damaged, or dead, for at least one (1) year from the date of their installation. I further agree that all plants will henceforth be irrigated, fertilized, weeded and tended on a regular basis such that they will maintain a healthy and weedfree appearance. I further agree that the irrigation system will be installed according to the irrigation plans as approved by the City of Dublin, and that said system will be kept in good working order for at least one (1) year from the date of the landscaping installation. This agreement is binding against this and all property owners of record. Signed: • Date: ATTACHMth1- -- Pp gg-I'I .2 Form 83-05 1/83 o.ald, 0013,610.(9•6) 9...3........ld No•K IN IMP aw*�0 •o.••.�Hnlaeeatau3 HAM J ZCO-009l-lOP""d'V 131ONA343 NMON9 . a�..a Mill AG ON Golf ian'i.e 71991H aY.aemauntd N...1 3dV3SONV1 ONV 311S ash i -- S y.Kri-tip' .44 1 � 6 - _-. .ECEIVED jun 11989 il UBUN PIANNINC: — I r I - i 4-1' R l I i 1 1I I r t s 4 _ °� - — •. —I I — ! Q e J I `J ' G • I _ 11 11 ii C II Ai.1.1.144410 NI Ra .,y _ t 1Yf. 4IIIIII,!', 3 , Q,1tI : jt .. VA }} 1t .ATTAcHmENT. I. t i 6 I/ e,4 i37 51.4ke't 1- - JO All) JUL 0 3 ,)� " NOSdWOHl . :menu 1 AO NAM Nu ' 0 dbW JNINOZ ' VNutddS V `�' ....� 30 .111J i. w .'.� 3Hl JO Add d - - — _ et I, '''' Illi i '',\, ''. _ ' ,, ;, � 7 ,, 8�, / �y `�' `j ir ''�.• �� (>/ V/ NL. C • ` 1 1 4 ♦ N i V r_ o c.:, V L.) 1''. „); '...1‘,. :;',•-•,-, N Ij I r ih.c.9.) '\ I\c,1,0C.,_;;Z0.-, J (/9 C: Pgre, \ t ?n T _ . L''' N6 ATTACHM1WT 2.. v' ` i rI J =.Li ,a' Pam-I 9 if °'"4- __._."`, .\Y, 0-,: ; /,C `.'1_- a'\.\- I/I I! • 'ROPERTY CHANGES SHALL INCLUDE, !' '.CREASED LANDSCAPING AND VISUAL -- ! , '�';N ANY ADDITIONAL IMPROVEMENTS TO EXISTING• i=<:. 1 DEVELOPMENT SHALL ! . BE CONTINGENT UPON STRUCTURES . �,\� - ! ,SCREENING SERVICE USE \\ • 1' \'� ��' 1: _~`.AND INCREASED ,� N \\\ LANDSCAPING ``� -` r ✓ I?� d INTERIM USE LIMITED \;,✓ ° -�1\ \G' ` '�-\TO, AUTOMOBILE ;2fc '-- �Y`�;� '� .. 4.�� `,. . y� \ - "� DEALERSHIP ' .11.---- --'-'--- .. yk1)\;ic-- ..,Y,„-.7-1(,(5'X, \-\\; \\X 'e-s N-V)\ __:', ,---:---A — --: -; fk,O. ,.C),,)\:—.' ..I --,. ,- ./.-:.:-- ,-,----_,-A,..- :' :,: i •-. ‘ \\-- --;'7`..'"'•••/ —- fir �� •-1 =D s - r I,;! :_ ��. t.r ,;� coo '�I 3 „-�,�,; .' .� r-�,\ 9)- %� tip` \tea ., - f, \\ j ' I. , :- Ar ;�i ,,:.> '. q .51\,--A---‘ ... : iiiii..0!!,, r.,,,::::::.::06,. .::::. , .7M-iii// ,\\ri-N, .��, . ' � A. / \-t .. .-:;-:-I �'�\ ANY PARKING L DEVELOPMENT SHALL BE ADEQUA L S ANDSCAPED LI ��/ \I 1 PROPERTY IMPROVEMENTS SHALL REQUIRE CONSTRUCTION OF NEW — STRUCTURES SHALL BE LIMITED TO ROADWAY EXISTING BUILDINGS OR THOSE RELATED TO REGIONAL TRANSIT.ACTIVITIES OR TRANSIT-COMPATIBLE COMMERCIAL USES Interim Use Zones and Standards DUBLIN , 2� «: DUBLIN, C AIIACHMEA'L..,— .xr�A_ ryr tr ., r Irk 41;,' Y + - . 4 14.11.'`1 1 � r'�1t'�J Ifc fit.J.Y • �3 r?�F: l� �. � F Y` i ?f it g•;41., , v��y `,, > J: :ar. t �* f:r" yI'� J .4J 1. 1t�� >, 1. , • J �r • I • ouoUFl 'p OLVO. �J i J• c. .______....,___s_ .Q6. I a c� m �I �r,f �t� C tii r ` 1 ^ u li�4 3 a °` gN aI 1 `A cc cc t 32am 2 .v., .tammessismilm)1 tiN1 q -§ \,.. -- J -- I 1 0 / Atq. CONT. "AuaWgy . 1-500 PARALLEL ROAD MAP SHOWING RIGHT-Or-WAY LINES roll A « '� 110 SOUTH O=DUBLIN BOULEVARD NEW ROAM SOUTHERLY OF AND PARALLEL TO f0 '°° BETWEEN PaiGIONAL STREET AND AMADOR PLAZA ROAD DUBLIN I E DUBLE N ANOVAI)OltARD IIETWEEN REGIONAL ROAD 7/13/RH . 1 t • ,17 / N 1 4 ....._ o V 1 I 'I ‘ 1 1 i il ; Z5 ; 11 I 141 lip 1 1 1 i . „ . . ,. -. 1 \i IN • \r_. A '\- ''- ..---......---. I -\ 0 0 0 N -..-.....-, k \A, :::' . 4; 1 C) \---- -1 ; o o 03 V k ':•- ; 0 0 C-- I dk et " I 1 . 1 — i cc kr) 1-u ; t• I ,c) D-• u..1 co t••-„ •,..' cc NI, 'X I t CC 0 0 • 1— a I-I a I I 'X \ >j :•,..- -,,-, - , •. C•••..) I 1- = a 1=1 LA CZ .-.. N I- ABE ED . X "... ' - ..,, -\- ...1 -US II ------N — . c- N•c\,.sz ,- . —$l , -g.. 1 7 :-;IN,N..,‘-kkz.,•v,, ,V.z::•::-.. x.\•., ',::-'1`>: --'\\••%-'N,"':,`,.':'':.`VI.,`,..\`...N,N., --\-----Ic .'a.*Ns...-. ..).74, ' '• • •'''', ..,,j, "'• '''‘....k,\''''.. \-\\..1,,;•-•';:i,'' ''''-. ATTACHMENT 5 ^' CITY OF DUBLIN -- -"=;'C t�=; P.O. Box 2340 • Dublin, CA 94568 (415) 829-4600 •=tanning Department (415) 829-4916 6530 Dublin Blvd. Suite D Eff.: 1/84 Dublin.CA 94568 - PLANNiNG APPLICATION FORM Notes to Applicant: a- * Please discuss your proposal with Staff prior to cpleting the Planning Application form. * All items related to your specific type of application crust be completed. * Since this is a comprehensive application form, sore of the items might not apply to your specific application. * Please print or type legibly. * Attach additional sheets if necessary. -. HORIZATION OF PROPERTY OWNER capacity to, and hereby do,authorize the filing of this application. I understand . ( A. PROPERTY OWNER: In signing this application, I, as property owner, have full legal that conditions of approval are binding. I agree to be bound by those conditions, subject only to the right to object at the hearings Cr during the appeal period. Name• /. l On /✓ e'2 /oA) Capacity: Property Owner Address: C Daytime Phone: d ,i),/,-lie : e,/S-ov, Signature 1 , 5W1 /e4 Z Date: _. APPLICANT OThTR,, 'kN PROPERTY OWNER: In signing this application, I, as applicant, represent to have obtained authorization of the property owner to file this application. I agree to be bound by conditions of approval, subject only to the right to object at the hearings on the application. If this application has not been signed by the property owner, I have attached separate d=rrentation of full legal capacity t5 f to-this application a^.d-aagreerent to-c 51 iCns of approval, subject only to the right to object at the hearings or during the appeal period. Name: Pat Costello Capacity: Agent Address 7544 Dublin Blvd Daytime Phone: (415) 82S-6500 Dublin, 1 94563 . _,/ ( ) Signature:> �.?Z Date: /✓`� _ . 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: -,' - 1 . Dt n . . . _ ATTAcHmEiii vii.-7, (OVER) PA gg- 3ci 2-s s 1 �I. GENERAL DATA REQUIRED m A. "Address or Location of _roperty: 6707 Golden Gate Drib: Dublin, CA 94568 B. Assessor Parcel Number(s): 941-1500-032 C. Site area: 1,98 Acres D. Present Zoning: C.muuercial E. Exi.sting Use of Property: Vacant F. Zoning and Ddsting Use Of Surrounding Property: Zone Etisting Uses - North Commercial Auto Dealership - South: . Commercial _ Lab Facilities - Fist Commercial Vacant • - West: Street • G. Detailed Description of Proposed Use of Prrerty: Obtain-5-year Use Permit to allow temporary pavine of existing lot to provide additional car storage facilities for the existing dealership and employee/customer parking. (Continue on separate sheet if necessary) rv. TYPE OF APPLICATION Check type of planning permit(s) being requested: D Administrative Conditional Use Permit 0 Rezoning ❑ Boundary Adjustment 0 Sign • (Conditional Use Permit EKSite Development Review ❑ General Plan Amendment 0 Sphaivision Map ❑ Planned Development ❑Variance ❑ Otter: v. SUBMITTAL REQUIREMENTS A. Planned Development: (See Planned Development Rezoning Submittal R_ rements) B. Subdivision Map: (See Subdivision Nap Sutetittal Recuirements) C. Any Other Planning Permit: (See General Submittal R. uirents) vi. PROCESSING (See_Planning Application Cover Letter) vii. REFERENCE PHONE NUMBERS Most questions related to the Planning Application should be directed to the Dublin Planning Department, however, sore concerns might be addressed directly by another appropriate department or agency: 1. City of Dublin: 2. Dublin San Ramon Services District: . Building Inspection:(41S) 829-0822 Fire: (415) 829-2333 Engineering: (415) 829-4916 Water, Sewer, Garbage: (415) 828-0515 Planning: (415) 829-4916 Police: (415) 829-0566 3. Zone 7 - Alameda County Flood Control: (415) 443-9300 CITY OF DUBLIN PLANNING COMMISSION AGENDA STATEMENT/STAFF REPORT Meeting Date: June 5, 1989 TO: Planning Commission FROM: Planning Staff n//��O'REPORT PREPARED BY: Maureen O'Halloran, Senior Planner 1 SUBJECT: PA 89-054 The Green Store Conditional Use Permit for minor modification to Planned Development Zoning District. GENERAL INFORMATION: PROJECT: Conditional Use Permit request for a minor modification to PD Zoning District to change medical office to professional office. APPLICANT/REPRESENTATIVE: Milton E. Righetti 1410 Jackson Street Oakland, CA 94612 PROPERTY OWNER: Amador Savings & Loan 530 Main Street Pleasanton, CA 94566 LOCATION: 11873 Dublin Boulevard ASSESSOR PARCEL NUMBER: 941-1550-4 PARCEL SIZE: .54 Acres GENERAL PLAN DESIGNATION: Retail/Office EXISTING ZONING AND LAND USE: PD, Planned Development Office Complex, Restaurant Bar SURROUNDING LAND USE AND ZONING: North: R-S-D-20 Multi-family Residential Use South: PD Office Complex East : PD Restaurant West : C-1 Retail Commercial Center ZONING HISTORY: September 19, 1978: Alameda County Board of Supervisors approved PD, 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. �y COPIES TO: Applicant X .� Owner ITEM NO. F. File PA 89-054 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. January 25, 1988: City Council approved PA 87-127 for Planned Development Rezoning expanding the permitted uses for 11873 Dublin Boulevard, APN 941-1550-4. March, 1988: Planning Director approved Site Development Review for interior modification to the building. APPLICABLE REGULATIONS: Section 8.31.0 to .19 Planned Development District of the City's Zoning Ordinance establishes the intent of Planned Development Districts and establishes the procedures for processing Planned Development Rezoning. Section 8-31.19 Planned Development - Minor Modification of Land Use and Development Plan authorizes the Planning Commission to approve minor modifications to a Planned Development District subject to approval of a Conitional Use Permit. Section 8-94.0 states that conditional uses must be analyzed to determine: 1) whether or not the use is required by the public need; 2) whether or not the use will be properly related to other land uses, transportation and service facilities in the vicinity; 3) whether or not the use will materially affect the health or safety of persons residing or working in the vicinity; and 4) whether or not the use will be contrary to the specific intent clauses or peformance standards established for the district in which it is located. Section 8-94.4 states the approval of a Conditional Use Permit may be valid only for a specified term, and may be made contingent upon the acceptance and observance of specified conditions, including but not limited to the following matters: a) substantial conformity to approved plans and drawings; b) limitations on time of day for the conduct of specified activities; c) time period within which the approval shall be exercised and the proposed use brought into existence, failing which, the approval shall lapse and be void; d) guarantees as to compliance with the terms of the approval, including the posting of bond; e) compliance with requirements of other departments of the City/County Government. ENVIRONMENTAL REVIEW: Categorically Exempt, Class 1, Section 15301 - Existing facility involving negligible or no expansion of use beyond that previously existing. NOTIFICATION: Public Notice of the June 5, 1989, hearing was published in The Herald, mailed to adjacent property owners, and posted in public buildings. ANALYSIS: The Applicant is requesting approval of a Conditional Use Permit for a minor modification to the existing Planned Development to change medical office use to professional office use. The City's Zoning Ordinance permits minor modifications to a Planned Development District through approval of a Conditional Use permit. The existing Planned Development District for this site permits the following principal uses: -2- 1. Restaurant 2. Bank/Financial Institution 3. Antique Store 4. Ice Cream Store 5. Candy Store 6. Barber Shop 7. Photographer 8. Health Club/Fitness Center 9. Tanning Salon 10. Medical Office In addition to the principal uses permitted the PD District allows a tavern use subject to approval of a Conditional Use Permt. In addition to establishing uses within the Planned Development District, the general provisions for the PD District establish the intent of the PD District as a District in which the uses must be compatable with and maintain the historic value and integrity of the Green Store. A specific provision established by the City Council in this PD District requires all exterior and interior modifications, alterations, additions and accessory structures to be subject to Site Development Review approval. A requirement for Site Development Review for exterior alterations, modifications, and additions is not an unusual provision, however, the requirement for Site Development Review of interior modifications is highly unusual. Although the Applicant is not requesting a modification to this provision, the Planning Commission may choose to eliminate the requirement for Site Development Review of interior changes or the Commission may choose to modify the provision to exempt interior decor items (i.e. wallpaper, painting, carpets). The proposed change to professional office use is similar in character to medical office use. Professional offices include, but are not limited to the following: 1. Accountant 2. Advertising 3. Architect 4. Dentist 5. Real Estate 6. Secretarial 7. Travel Agent For a complete listing see Attachment 3 Section 8-46.1 a) of the Zoning Ordinance. In regards to parking, the Zoning Ordinance does not distinguish between types of office uses. The Zoning Ordinance requires one parking space per 250 square feet of floor area for office uses. The Applicants proposal is consistent with the City's General Plan and is compatable with the adjacent professional office complex and commercial retail center. Staff recommends approval of the Conditional Use Permit. RECOMMENDATION: FORMAT: 1) Open public hearing and hear Staff presentation. 2) Take testimony from Applicant and the public. 3) Question Staff, Applicant and the public. 4) Close public hearing and deliberate. 5) Adopt Resolution relating to PA 89-054, Green Store Conditional Use Permit, or give Staff and Applicant direction and continue the matter. ACTION: Staff recommends the Planning Commission adopt the Draft Resolution approving PA 89-054 Green Store Conditional Use Permit modifying the PD District, changing medical office use to professional office use. -3- ATTACHMENTS: Exhibit A: Application and Written Statement Exhibit B: Draft Resolution of Approval Background Attachments: Attachment 1: Ordinance No. 1-88 PD District Attachment 2: Resolution No. 5-88 General Provisions Attachment 3: Section 8-46.1 a) Permitted uses C-0 District -4- . I „.g� ' r w -3 : 4,f f'flP '� � y ++' a 1n. i'4 y�` r a r r `'s f ' #t,,Pa' 5 u r �` ,- 4,0 ,r S � M K j fF -4'4/ Rt" (^ 1sF k M1 .l - ,' Fi " :1 ', e.m ,r r r t- R: r a 's�,., s a v Y ,,,:,jl-,"�, ,' ., ,.t:' s 1 .a 1 1 1 2'4 ;' `fax ';'***1 yR r q v�`,L� p�.a :" x r i i' a'pv;,,,x.7,4't .44, c'SL t..Fx 7 r w- r9i ' 'r 4. (`1/'.I(` ? 4t j,, `,y,. Y'"}� t ."e a,. e„�¢� :a,�, }" `. � 'r'� A,iV�r�..rr } �w� ! 'R N �i ,%kf".r .. r�_ r-}1.. r ., 4 e .,'ao + -.;„,, f-4-...r ' —.,,......-. gtLa , : :µ1k:L., ^..c� _.,'. . 't iwai . _ ,..rW. Y.ka.'ff. ,...t1..,.- ":, ...4 1 i 1GHETTI LAW FIR v z Oakland: (415) 444-4900 Telecopier/FAX • Pleasanton: (415) 484-4900 (415)444-2303 . 1 i i May 9, 1989 a 1 4 L City of Dublin Planning Department 6500 Dublin Boulevard, Suite D Dublin, CA 94568 Attn: Larry Tong, Planning Director U.57 " i'P Re: "The Green Store,' 39 1 Dear Mr. Tong: Enclosed find the application for minor change to the P.D. number 87-127 concerning "The Green Store" , a check for the processing fee of $130 . 00, and a copy of our purchase agreement. The proposed change is to modify the use provision from medical office to professional office which would include medical , legal, architects, accountants, real estate brokers, engineers and use by other professions within the city's definition of professional office uses. Please put this on the next planning commission agenda which we understand is in the first week of June. Let me know when you would like to meet regarding staff recommendations prior to that date. Thank you for your guidance in this matter. Sincerely, Milton E. Righet McR:tgb Enclosures P/-1 0_DS- 5-20/20-Dublin RECEIVED MA( iQiH' OUBuN 1410 JACKSON STREET • OAKLAND, CA 94612 ,r � ti r Gv � wA ..ai?.L., ,..uiM....,_ _.e.r,...:�+:4>•�..,.kia,:i�.`-.... ... .-.. :... .. _ >,. .. A.0�a:e.:L;.�,. i..,:.-<.y1y_'. 3,:�:r3*.�2u�.0'�`gAmr.:tz.--7, 't.,`7,7,l • • • CITY OF DUBLIN P.O. Box 2340 Dublin, CA 94568 (415) 829-4600 Planning Department (415) 829-4916 6500 Dublin Blvd. Suite D • •Eff.: 1/84 Dublin.CA 94568 PLANNING APPLICATION FORM Notes to Applicant: • * Please discuss your proposal with Staff prior to completing the Planning Application form. * All items related to your specific type of application waist be completed. * Since this is a comprehensive application form, some 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 cr during the appeal period. Name: AMADOR SAVINGS & LOAN Capacity: Property Owner Address: 530 Main Street Daytime Phone: ( ) P1 Pasntcm, CA 94.566 ( ) Signature: Date: B. APPLICANT OTHER THAN PROPERTY OWNER: In signing this application, I, as applicant, represent to have obtained authorization of the prcoerty owner to file this application. I agree to be bound by conditions of =royal, subject only to the right to object at the hearings on the application. If this application has not been signed by the property owner, I have attached separate docurentation 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: MILTON E. RIGHETTI Capacity: Attorney for Purchaser Address 1410 Tackson Street Daytime Phone: (415) -444-4900 Oakland, CA 94G12 ( ) Date: • aye the authorization of the property owner to file this application. that the information and exhibits submitted tted are true and correct. Capacity: Daytime Phone: ( ) ( ) Date: i Rf r.7E-?)1'.73-:E D (ovEs) MAY 1 0 1909 PWELN rIANN;NO• ilk iii ENERAL DATA REQUIRED (--- A. Address or Location of Property: 11873 Dublin Blvd. , Sublin, CA B. Assessor Parcel Numbers) : 941-155-4 C. Site area: 26 , 000 sq. ft .+/- • D. Present Zoning: PD 87-127 E. Existing Use of Property: Tavern with balance of property vacarLt . F. Zoning and Existing Use Of Surrounding Property: Zone Existing Uses _ North: Street - South: p D_ - General Office - East: p_D • Restaurant - West: Commercial - Shopping Center G. Detailed Description of Proposed Use of Property: Same as existing P.D.- except :to modify from medical office to professional office. (Continue on separate sheet if necessary) Iv. TYPE OF APPLICATION Check type of planning per-Lit(s) being requested: ❑ Ad inistrative Conditional Use Permit 0 Rezoning ❑ Boundary Adjust-Tent 0 Sign • ❑ Conditional Use Permit 0 Site Development Review ❑ General Plan Arrendrent ❑ Subdivision Map ® Planned Development ❑ Variance n other: Revise existing P .D. from Medical to Professional Office. v. SUBMITTAL REQUIREMENTS A. Planned Development: (Sec Planned Development Rezcn.irg Submittal Requirements) B. Subdivision Map: (See Subdivision Nap Submittal Recuirerents) C. Any Other Planning Permit: (Sec General Submittal Recuirements) • vi. PROCESSING (See_Planning Application Cover Letter) VII. REFERENCE PHONE NUMBERS Most questions related to the Planning Application should be directed to the Dublin Planning Department, however, some concerns might be addressed directly by another appropriate department or agency: 1. City of Dublin: 2. Dublin San Ramon Services _District: Building Inspecti.bn-T'(415) 8'29-0822 tire: (415) 829-233;' Engineering: (415) 829-4916 Water, Sewer, Garbage: (415) 828-0515 Planning: (415) 829-4916 Pplice: (415) 829-0566 3. Zone 7 - Alameda County Flood Control: (415) 443-9300 a ' • • • • CITY OF PuBLIN PA No. • ENVIRONMENTAL ASSESSMENT FORM, 141TTRtM (Pursuant to Public Resources Code Section 21000 et sec.) 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 in 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 APPLICANT 1 . Name (if any) and address of project:THE GREEN STORE/11873 Dublin Blvd. Dublin, CA 2. Proposed use of property: Professional Office - 3. Name, address, and telephone of Applicant: Milton E. Righetti , 1410 Ja :kson Street, Gaklanr3 , ci 94612 ( 415 ) 4 4-490C • -4. Name, address, and telephone of contact person Din addition to applicant or D instead of applicant: None 5. Attached plans are Q preliminary or Q fully developed. 6. Building area: 6600 +/-sq.ft. 7. Site area: 26 , 000 ®sq.ffi. orD acres. 8. Current zoning: PA-87-127PD 9. Maximum Building Height • Oft. orE El stories. N/A 10. Describe amount of daily traffic generated by number, type and time of day: no change with request. • 11 . Number of off-street parking spaces provided: Part of P.D. wi th Heritage Park; all 190 +/- parking' spaces shared. 12. Number of loading facilities provided: None to my knowledge. P EIYED !i144Y 1 J i J • K' a 4 �✓i.7:. • �'^� § iy .� ��-��";. Cry^ -rY �f: f,•'$t. °Y .SM{ '.✓ v t "+ •Y. 9T},'�' r 3 TT x a 1. w -"'�1.,�....§ L...- TT: '�:... Y.,w.•a.. � *- "°a...s...�:�+n,. (60 days for tenant improvements only) . • • 13. Proposed development schedule: ,beginning: • completion: • (To commence upon permit approvals . ) 14.0. IF residential: number of new units ; number of existing units ;number of new bedrooms ; unit sizes ;range of EJ sale prices or El rents ; type of dwelling [Mingle family 0 duplex 0multiple. 14.b. If commercial: scope of project❑ neighborhood,❑ city,❑ regional sales area EJ sq.ft. or0 acre; estimated employment per shift ; hours of operation • 14.c. If industrial: materials involved ; estimated employment per shift hours of operation 14.d. If institutional: major function ; estimated employment per shift 8 estimated occupancy 8-10 ;hours of operation 8:30 - 5 :30 . except weekends . 15. Describe City permits required: L71 Site Develo?w►e,,t Vacia,Ate; II Aelo lhista.iive. CordifioNa tts f-e-rr 1; 0 ftectossrr►calloN(YezonitN5)i Plav+vted pe.ve,lopmeiiri-; I:3 eovdtifio►.al use Alt; L7 Sign O*er amendment to Planned fevP1npmPnt t-n mnr7i fy rice frnm medical office to professional office. • 16. Describe other public approvals required: ❑ unknown;0 local cgencies;❑ regional agencies;0 state agencies; El federal agencies; for None CERTIFICATION - I hereby certify that the information submitted is true and correct to the best of my knowledge and belief. I understand that the findings of this Environmental Assessment apply only to the project as described above. • • Signature: iZae Date: l —8 9 Name (print or type):_ /9y1G77,X) L r/'a0 / • • Lh yF t `ga5i: tY t: - } RESOLUTION NO. 89 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING PA 89-054, THE GREEN STORE CONDITIONAL USE PERMIT FOR A MINOR MODIFICATION TO THE PLANNED DEVELOPMENT DISTRICT TO ALLOW PROFESSIONAL OFFICE USES AT 11873 DUBLIN BOULEVARD WHEREAS, Milton E. Righetti, representing Cheung Investment purchaser of the property, APN 941-1550-4, requested approval of a Conditional Use Permit for a minor modification to the PD, Planned Development District to change medical office to professional office; and WHEREAS, the application has been reviewed in accordance with the provisions of the California Environmental Quality Act (CEQA) and has been found to be Categorically Exempt, Class 1, Section 15301; and WHEREAS, the Planning Commission held a public hearing on said application on June 5, 1989; and WHEREAS, proper notice of said public hearing was given in all respects as required by law; and WHEREAS, the Staff Report was submitted recommending that the application be conditionally approved; and WHEREAS, the Planning Commission heared and considered all said reports, recommendations and testimony hereinabove set forth; and NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission does hereby find that: a) The proposed modification to the existing PD Planned Development District will be appropriate for the subject property in terms of allowing professional office uses that will be compatible to existing and proposed land uses in the area and will not overburden public services. b) The proposed modification does not materially change the provisions of the Planned Development District in that the change from medical office to professional office is a minor modification which expands the range of permitted offices to allow uses of similar intensity. c) The use serves the public need by expanding the type of office uses permitted. d) The use will be properly related to other land uses and transporatation and service facilities in the vicinity, in that the professional office use is a minor expansion of the permitted medical office use identified in the Planned Development District and is commensurate with the present use of surrounding properties in the neighborhood. e) The use, if permitted under all circumstances and conditions of this particular case, will not materially affect adversely the health or safety of persons residing or working in the vicinity or be materially detrimental to the public welfare or injurious to property or improvements in the area, as all applicable regulations will be met. f) The use will not be contrary to the specific intent clause or performance standards established for the district in which it is to be located, in that the use is consistent with the intent of the PD, Planned Development District and General Plan land use designation for the site on which the project is located. r Rva 5oG kt 'PA89-o5st Ott.Gres.«Vave- ( "P BE IT FURTHER RESOLVED THAT the Dublin Planning Commission does hereby conditionally approve PA 89-054 The Green Store Conditional Use Permit to modify the existing PD District General Provisions Resolution No. 5-88 to change permitted uses 2.k) medical offices to professional offices subject to the following conditions of approval: I. Professional office uses shall be limited to those uses identified in Section 8-46.1 a) C-0 District of the Dublin Zoning Ordinance. 2. Except as specifically modified by this Conditional Use Permit (PA 89-054), the development and establishment of uses within this district shall conform to the General Provisions for Planned Development District PA 87-127 as established in City Council Resolution No. 5-88. PASSED, APPROVED AND ADOPTED this 5th day of June, 1989. AYES: NOES: ABSENT: Planning Commission Chairperson ATTEST: Planning Director -2- ORDINANCE NO. 1 - 88 , 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 WAY 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 (Green Store, 11873 Dublin Boulevard) is rezoned from the 1362nd Zoning Unit to a PD, Planned Development District, PA 87-127 - Crest Enterprises/The New Ewe, as shown on Exhibit B (Negative Declaration of Environmental Significance), and Exhibit C - Resolution No. 5-88 (Approval, Findings and General Provisions of the PD, 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: "gEZO JE . '•'\ \TrgoshAT-F;r3p7.8,14. 1 2:11.51.14-: . - ®L t � jAMk I 4 ,'ifIt �s • .., c_i.„,, , ...\ c,..--1 Nic \ T�" ;J 1 11 `. j�f f' `j ii �/ -''I .4 c ,,1 ; 111 1 ; ) ---- 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 25th day of January , 198S, by the following votes: AYES: Councilmembers Hegarty, Moffatt & Vonheeder. NOES: Councilmember Snyder & Mayor Jeffery. ABSENT: None. hayor AT( 1 n /, ( . ,,,.__„___ City Clerk ATTACHMENT r f .„ .....,.... 4 81-6`f Csfu r5S1ert. L.3? .r:. • • RESOLUTION NO. 5 - 88 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ESTABLISHING FINDINGS AND GENERAL PROVISIONS FOR A PD, PLANNED DEVELOPMENT REZONING CONCERNING PA 87-127, CREST ENTERPRISES, INC./THE NEW EVE PLANNED DEVELOPMENT (PD) REZONING APPLICATION' WHEREAS, Cynthia Ingalls, representing The New Ewe, filed an application requesting the City rezone a .54 acre site at 11873 Dublin Boulevard to expand the uses permitted for the site within that Planned Development District; and • WHEREAS, said site (APN 941-1550-4) is one of three parcels (APN 941-1550-3, 941-1550-4 and 941-1550-5) currently zoned Heritage Park PD, Planned Development 1362 Zoning Unit (Z.U.); and WHEREAS, all affected property owners within the Heritage Park Planned Development 1362 Z.U. have filed applications initiating the PD Rezoning request; and WHEREAS, the Planning Commission held public hearings on November 2, 1987, and November 16, 1987; and WHEREAS, proper notice of said public hearings was given in all respects as required by law; and WHEREAS, on November 16, 1987, after hearing and considering all reports, recommendations and testimony the Planning Commission adopted Resolution No. 87-074 recommending the City Council adopt a Negative Declaration for PA 87-127 and adopted Resolution No. 87-075 recommending adoption of an Ordinance and establishing findings and general provisions for PD Rezoning for PA 87-127; and WHEREAS, this application has been reviewed in accordance with the provisions of the California Environmental Quality Act and the City Council adopted a Negative Declaration of Environmental Significance (City Council Resolution No. 109 - 87) for this project, as it will have no significant effect on the environment; and WHEREAS, the Staff Report was submitted recommending that the City Council rezone the property at 11873 Dublin Boulevard to a PD, Planned Development District allowing banks, savings and loan institutions, restaurant, medical offices, health club/fitness center, and tanning and beauty salon uses; and WHEREAS, the Green Store was built as a store use within the 1850's by John Green, an early settler in Dublin and a County Supervisor, and WHEREAS, the Green Store is one of the oldest buildings within the City of Dublin, and WHEREAS, PD 1362nd Zoning Unit I(as adopted by the Alameda County Board of Supervisors on September 19, 1987, j1equiring the Green Store be restored and preserved in compliance with the National Historic Register standards for Historic Rehabilitation; and hf WHEREAS, the Green Store was restored in compliance with the General Provisions of 1362nd Zoning Unit Planned Development; and WHEREAS, the Dublin City Council considers the Green Store building to be a significant historic res ""rilark. i,TAA/441,1itiat -- 14fr-OSct 6cein5fort Cup ,.� r. ill WHEREAS, the City Council determined that uses permitted and operated within the Green Store should promote the historic value and integrity of building; and WHEREAS, the City Council reviewed and considered all reports, recommendations and testimony concerning the Planned Development Rezoning request at a public hearing on December 14, 1987, December 21, 1987, and January 11, 1988; NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin City Council does hereby find that: 1. Rezoning the property to a PD, Planned Development District to expand the existing permitted uses, requiring a historic theme for uses established in the district, will be appropriate for the subject property in that it will ensure comparability among uses, compatability with the historic character of the Green Store, and will provide for a range of uses which will be compatible to existing land uses in the immediate vicinity and which will conform to the General Plan land use designation. 2. The rezoning will not have a substantial adverse affect on health or safety or be substantially detrimental to the public welfare or be injurious to property or public improvement. 3. The rezoning will not overburden public services. BE IT FURTHER RESOLVED THAT THE Dublin City Council does hereby establish the following General Provisions: 1. PA 87-127 PD, Planned Development District is established to modify and expand the permitted uses approved for 11873 Dublin Boulevard (the Green Store parcel, APN 941-1550-4) of the 1362nd Zoning Unit, and to establish uses compatible to the historic character of Green Store building, comparable with other uses operating within the Green Store, and compatible with the existing Heritage Park office complex, and with the surrounding residential and retail uses. Uses and development of property within this PD,'Planned Development District shall be subject to the provisions of the C-0 District except as modified through the General Provisions for PA 87-127. 2. The following Principal Uses are permitted in the Planned Develoment District: a) restaurant b) bank/financial institution c) antique store d) ice cream store e) candy store f) barber shop g) photographer h) health club/fitness center i) tanning salon j) beauty salon k) medical offices 3. The following is a Conditional Use in the Planned Development Distict and shall be permitted only if a Conditional Use Permit is approved: tavern 4. Specific uses in the PA 87-127 PD, Planned Development District shall comply with the following: a) all approved uses shall promote and;i1iaintain the historic value and integrity of the Green Store. .' b) all approved uses shall promote and—maintain a historical theme compatible with the historic character of the Green Store. c) All approved uses shall maintain and enhance interior and exterior accessability of the Green Store to the General Public. -9_ pira19 i ..yf ,r,� w• 't+•!arm* 3 , ,�` a 5. PA 87-127 PD, Planned Development shall be subject to all other applicable provisions of the 1362nd Zoning Unit, Alameda County, Exhibit C, ' approved September 19, 1978, by the Board of Supervisors (Ordinance No, 2-87) . 6, 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. • 7. 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. 8. Prior to establishment of use the Applicant shall remove the storage shed built without permits located on the east portion of the lot. 9. Prior to establishment of use, the Applicant shall secure all required City permits, including, but not. limited to, zoning approval and building permits. , 10. The Applicant shall submit revised C.C. & R. 's as necessary for review and approval by the City Attorney and Planning Director. 11. Any exterior or interior modification, addition, alteration, or accessory structure shall reflect and be consistent and compatible with the historic nature of the Green Store, and shall be subject to Site Development Review approval. 12. All new and existing signage shall be subject to a sign program that shall reflect and be consistent and compatible with the historic nature of the Green Store and shall be similar to and compatible with the professional office uses. PASSED, APPROVED AND ADOPTED this llth day of January, 1988. AYES: Councilmembers Hegarty, Moffatt and Vonheeder NOES: Councilmember Snyder and Mayor Jeffery ABSENT: None , -� I ! ' �• Mayoy` I r! ATTEST: ''-----(-->--k RI-4-C. k4-L----'--- City Clerk 1 •r � fI1 t1 i 1 1 • -3- n 4 8-46.1 FERPMED USES: C-0•DISTRICTTS. The following rincinal Uses ere permitted in a C-0 District when located within a Building: a) 'office or office building for the conduct of business, administrator cr professional services, where these activities do not include the manufacture, storage, display except samples; or sale at retail of any merchandise on the premises; including but not to tthn follevinz tuxes of office occupancy -- Accountant, advertising, architect, attorney, broker (stock and bond), business consultant, business management, chiropodist, chiropractor, collecting agency, dentist, employment agency, engineer, finance, industrial management, insurance, landscape architect, loan agency, mortgage, optcmetrist, osteopath, philanthropic, or charitable organization, physician, public utilities, real estate, sales representative, secretarial, social services, telephone answering, travel agent; 'Dub! r ' Q � p