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HomeMy WebLinkAbout2/20/1990 PC Agenda AGENDA CITY OF DUBLIN PLANNING COMMISSION Regular Meeting - Dublin Civic Center Tuesday - 7:30 p.m. 100 Civic Plaza, Council Chambers February 20, 1990 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 - February 5, 1990 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 89-136 Therp Conditional Use Permit request to continue use of a reconditioned car sales facility and outdoor vehicle display area located at 6787 Dublin Boulevard 8.2 PA 90-001 Lew Doty/Cadillac Conditional Use Permit request to allow a 35 foot tall freestanding sign which would exceed the 20 foot maximum height limit and a Variance request to locate a freestanding sign within the required 10 foot sideyard setback area located at 6301 Scarlett Court 8.3 PA 89-050 First Western Planned Development Rezoning request to rezone from a C-1 to PD restricting future new development to the northwestern portion of Parcel A establishing permitted and conditional uses and development standards located at 7450 Amador Valley Boulevard 8.4 PA 88-010 Dublin Boulevard Extension General Plan Amendment to modify the location of the Dublin Boulevard Extension located north of Interstate 580, west of Southern Pacific right-of-way and east of Tassajara Road (to be continued) 9. NEW OR UNFINISHED BUSINESS 10. OTHER BUSINESS 11. PLANNING COMMISSIONER'S CONCERNS 12. ADJOURNMENT (Over for Procedures Summary) • CITY OF DUBLIN PLANNING COMMISSION AGENDA STATEMENT/STAFF REPORT Meeting Date: February 20, 1990 TO: Planning Commission FROM: Planning Staff 4- PREPARED BY: Ralph Kachadourian, Assistant Planner SUBJECT: PA 89-136 Therp Collection Conditional Use Permit GENERAL INFORMATION: PROJECT: Conditional Use Permit request to continue use of reconditioned car sales and outdoor vehicle display area at 6787 Dublin Boulevard. APPLICANT: Tom & Rhodie G. Therp 6787 Dublin Boulevard Dublin, CA 94568 PROPERTY OWNER: Tom Huening Dublin Business Center 451 Cornell Avenue San Mateo, CA 94402 LOCATION: 6787 Dublin Boulevard ASSESSOR PARCEL NUMBER: 941-205-4-2 PARCEL SIZE: 1.45 acres GENERAL PLAN DESIGNATION: Retail/Office & Automotive EXISTING ZONING AND LAND USE: PD, Planned Development District Automobile Storage and Display SURROUNDING LAND USE AND ZONING: North: M-1, Light Industrial (Wharehouse) South: M-1, Light Industrial (Dublin Sports Grounds) East: C-2, General Commercial (Murco Center) West: M-1, Light Industrial (Office) COPIES TO: Applicant ' Owner File PA 89-136 ITEM NO. ' PAGE_1._OF L ZONING HISTORY: 2/7/80 - The site was rezoned to a PD, allowing C-2 and M-1 uses. The PD required any change in use to be processed as a Site Development Review modification and/or a Conditional Use Permit. 12/19/83 - A Site Development Review was approved for remodeling and landscape improvements. 8/20/84 - A Site Development Review and Conditional Use Permit was approved for Mike Waseca to sell tractors at this location. 10/4/84 - Site Development Review was approved. 11/19/84 - A Conditional Use Permit was approved for Burns European Motors. 5/13/85 - PD Rezoning and Site Development Review to rezone Parcel 1 and Parcel 2 to PD with C-2 uses was approved. Site Development Review for a 4,485 square foot building was approved. APPLICABLE REGULATIONS: Section 8-49.2 states that automobile sales and storage is considered a conditional use in a C-2 District. 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 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; and -2- PAGE OF L e) compliance with requirements of other departments of the City/County Government. ENVIRONMENTAL REVIEW: This project has been found to be Categorically Exempt from CEQA under Section 15301, Class 1 of the California Environmental Quality Act Guidelines. This use consists of the operation of an existing private structure involving no expansion of use beyond that previously existing. NOTIFICATION: Public Notice of the February 20, 1990, hearing was published in a local newspaper, and mailed to adjacent property owners, and posted in public buildings. ANALYSIS: On November 19, 1984, the Planning Commission approved a request from Burns European Motors for a Conditional Use Permit to allow the sale of reconditioned automobiles at 6787 Dublin Boulevard. This approval expired on November 19, 1989. On November 14, 1989, the new Applicant submitted a Conditional Use Permit application to the Planning Department requesting to continue operation of the reconditioned automobile sales business and outdoor sales and display area occupying eight (8) parking spaces along the west side of the building. The operation of the reconditioned automobile sales and outdoor display area has not changed from the previously approved Conditional Use Permit. The Applicant has expanded the showroom display area to 11,826 square feet with 1,730 square feet of wharehouse space. The business is open to the public Monday through Friday from 10:00 a.m. to 7:00 p.m. and 10:00 a.m. to 6:00 p.m. on weekends. The parking requirements for the center have not changed since approval of the original Conditional Use Permit, PA 84-068. Adequate on-site parking is provided to accommodate the auto sales business and the other two businesses located within the building. A total of 68 parking spaces is still available to accomodate the entire center with the 8 parking spaces in front of the business to be used as an automobile display area only. For the past two years the Therp Collection has operated their business in compliance with the previous Conditional Use Permit requirements. The application has been reviewed by the applicable public agencies and City departments, and is in compliance with the City's Zoning Ordinance. 3 L PAGE OF 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 the Resolution approving the Conditional Use Permit, or give Staff and Applicant direction and continue the matter. ACTION: Staff recommends that the Planning Commission adopt the attached Resolution (Exhibit B) to approve Conditional Use Permit PA 89-136 for the sale of reconditioned automobiles and outdoor auto sales display at 6787 Dublin Boulevard. ATTACHMENTS: Exhibit A: Site Plan Exhibit B: Draft Resolution Approving Conditional Use Permit for PA 89-136 Background Attachments: Attachment 1: Location Map Attachment 2: Standard Commercial Building Security Recommendations PAGE_1_OF L 1 • ' I': I I I I I I I i I i [1) It G YD,<. I l �� I� 1 I OCT ' _I 1 , • I I . .. LI ,. - :.w.w -.. ,,..: , 4' I i I I I ... I� .r.»rn. _ gull Lim I • 11'411- .,.- LEASE SPACE MI• . • r.I Cr 1,b•-•.,•. I i I • • (44:11 4. II: . 1 Ll f n y Lxlcn�c nuu \ I I� ! 4 a t''.«:�l" Ouse ::PACE . 7. f :-..-,...:,... el, ,,,, ... . I I i ; . 1 • , ..,..:. MW / C-__.—.._ ,_ 1 LI_ -_ 4. 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C ILIN6 1",AN ....oil I101 1 4G4.C.Vs' 1'.0. ,•I. tYw.it PI.00M1 I, [^-AN' .....u•,r.a...a ro,.,4. • I :r DU 8 I ! N 8L VD • . RESOLUTION NO. 90 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING PA 89-136 THERP COLLECTION CONDITIONAL USE PERMIT APPLICATION TO ALLOW THE CONTINUED SALE OF RECONDITIONED AUTOMOBILES AND OUTDOOR AUTO SALE DISPLAY AT 6787 DUBLIN BOULEVARD WHEREAS, Tom & Rhodie G. Therp filed a new Conditional Use Permit application to allow the continued indoor sale and outdoor sale display of reconditioned automobiles at 6787 Dublin Boulevard; and WHEREAS, the Planning Commission did hold a public hearing on said application on February 20, 1990; and WHEREAS, proper notice of said public hearing was given in all respects as required by law; and WHEREAS, the application has been reviewed in accordance with the provisions of the California Environmental Quality Act (CEQA) and has been found to be categorically exempt under Section 15301, Class 1; and WHEREAS, the Staff Report was submitted recommending the application be conditionally approved; and WHEREAS, the Planning Commission did hear and consider all said reports, recommendations and testimony hereinabove set forth. NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission does hereby find: 1. The use is required by the public need to provide a place where individuals can purchase reconditioned automobiles. 2. 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 the present use of properties in the commercial zoning district. 3. The use, if permitted under all of 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 area as all applicable regulations will be met. 4. 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 use is consistent with the intent of the zoning district and with the General Plan. PAGE OF lD . v s N d d BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission does hereby conditionally approve PA 89-136 Therp Car Collection Conditional Use Permit, subject to the following conditions of approval. Said conditions shall be subject to the review and approval of the Dublin Planning Department. 1. This approval is for the operation of a 13,556 square foot indoor reconditioned automobile sales facility and outdoor display area occupying 8 parking spaces at 6787 Dublin Boulevard. 2. Outdoor display and sale of automobiles on this site shall be limited to the eight parking spaces designated exclusively as the outdoor display area and is appropriately designated to provide a clear distinction between the auto display area and parking lot. 3. All new and existing signs on the site shall conform to the City of Dublin Sign Ordinance. 4. No loudspeakers or outside amplification of music or sound shall be allowed with the auto sales use or with any other special promotions. 5. The Applicant shall comply with all applicable requirements of the building code, the Dougherty Regional Fire Authority, and the Dublin Police Services Standard Commercial Building Security Recommendations (attached). 6. All landscaping on the site shall be maintained in a viable and well kept manner at all times. 7. This approval shall become null and void, in the event the approved use ceases to operate for a continuous one-year period. 8. This use shall be subject to Zoning Investigator review and determination as to compliance with the conditions of approval on an annual basis. 9. This permit shall be revocable for cause in accordance with Section 8- 90.3 of the Dublin Zoning Ordinance. Any violation of the terms or conditions of this permit shall be subject to citation. PASSED, APPROVED AND ADOPTED this 20th day of February, 1989. Planning Commission Chairperson ATTEST: Planning Director -2- PAGE...OF Lo �� n • `, \n;�,,� ' ' 1 N ;, ; 1'1;`11`` a . 9N ;:;-_,:::„- %It i, ',\ ';;;„ ....K` „;,, v, ‘, ..........„. ...„ „,„„ ..... ...... ... , 0 v . . _ . „ ,,,"‘ .,,,,, ‘‘„_-_-_f:::;,..„, ,, � , \ ,` . sh c; ` <n;j i i c rift* ,i ," 441,...."1„.41:-41*.al---111 • I *4 V\' 3 �t '1,1 • •is% III 1.. _ v / .' �' ' ; 11 II- - n r , � f Ili it _ J'-/ N \`.,�'.".-� i I. !If ry 1 �• •� r_ Fiiii 1- 1 01 AI1 1 .I � Ni, , 1 �' 73 . "0 I; ii :i .„., it y r I • n i .,z i gho 1 . ( N N \ L kei 1 / i .i 1 \ .7....., .......... .. I 2:, „, , 1 " ATTACHMENT : ' - A PART OF THE F* r CITY OF c� SANTINA ZONING MAP i4-11 pI"' E o I DUBLIN I c THOMPSON u.. THE CITY OF _._ - I 1 , .. ,_. ,_..<. . ... DUBLIN ? of 0 CITY OF DUBLIN POLICE SERVICES STANDARD COMMERCIAL BUI D= SECURITY RECCMENDATIONS I. DOORS All exterior doors are to be constructed as follows: a) wood doors shall be of solid core construction, no less than 1-3/4 inches thick. b) Auxiliary locks are to be added to each door and shall be double cylinder, one inch, throw deadbolt or equivalent burglary resistant locks where permitted by the Building and Fire Cr Ps. The cylinders are to be protected by cylinder ring guards so they cannot be gripped by pliers or other wrenching devices. c) In-swinging doors shall have rabbited jambs, or alternate means of strengthening. d) Exterior hinges shall have non-removable hinge pins. e) Exterior and interior garage out-swinging doors shall have non- removable, hidden or non-accessible hinge pins. f) Doors with glass panels and doors that have glass panels adjacent to the door frame shall be secured with ironwork or steel grills of at 1Past 1/8th inch material or 2 inch mesh secured on the inside of the glazing. g) All exterior doors, excluding front doors, shall have a minimum of 40 watt bulb over the outside of the door. Such bulb shall be directed onto the door surfaces by reflectors. h) The strike is to be a wrought box strike, or equivalent. i) Sliding glass doors: All sliding glass doors shall be equipped with a locking device that shall engage the strike sufficiently to prevent its being disengaged by any possible movement of the door within the space or clearances provided for installation and operation. The bolt and strike shall be reinforced by hardened material so as to prevent their separation by pulling, prying or similar attack. The locking device function may be operable by a keyed or coded lock inside and out as permitted by the Fire Department or Building Codes. Double sliding glass doors shall be locked at the meeting rail. II. WINDOWS A. All accessible rear and side glass windows shall be secured as follows: 1) Any accessible window shall be secured on the inside with a locking device capable of withstanding prying or wrenching. 2) Louvered windows shall not be used within eight feet of ground level, adjacent structures, or fire escapes. DP 83-012 ATTACH WZ /� PAGE.�. OF� /Th B. Accessible-Transans All exterior transans exceeding 8" x 12" on the side and rear of any building or premise used for business purposes shall be protected by one of the following: 1) Outside iron bars of at least 1/8" material spaced no more than 2" apart. 2) Outside iron or steel grills of at least 1/8" material, but not more than 2" mesh. 3) The window barrier shall be secured with bolts, the rounded or flush head on the outside. 4) Wire hung glass with positive locking devices. III. ROOF OPENINGS A. All glass skylights on the roof of any building or premises used for business purposes shall be provided with: 1) Iron bars of at least 1/8" material spaced no more than 2" apart under the skylight and securely fastened as in B-3. 2) A steel grill of at least 1/8" material of 2" mesh under the skylight and securely fastened as in B-3. 3) Other skylight protection of approved design. B. All hatchway openings on the roof of any building or premises used for business purposes shall be secured as follows: 1) If the hatchway is of wooden material, it shall be covered on the inside with at least 16 guage sheet steel or its equivalent attached with screws at 6". 2) The hatchway shall be secured fran the inside with a slideher or slide bolts. The lice of crossbar or padlock must be approved by the Fire Marshal. 3) Outside hinges on all hatchway openings shall be provided with non-removable pins when using pin-type hinges. C. A11 air duct or air vent openings exceeding 8" x 12" on the roof or exterior walls of any building or premise used for business purposes shall be secured by covering the same with either of the following: 1) Iron bars of at least 1/2" round or 1" x 1/4" flat steel material, spaced no more than 5" apart and securely fastened as in TT 13-3. 2) A steel grill of at least 1/8" material of 2" mesh and securely fastened as in ['I 8-3. PAGE /D nr /D CITY OF DUBLIN PLANNING COMMISSION AGENDA STATEMENT/STAFF REPORT Meeting Date: February 20, 1990 TO: Planning Commission FROM: Planning Staff PREPARED BY: Ralph Kachadourian, Assistant Planner SUBJECT: PA 90-001 Lew Doty Cadillac Oldsmobile Freestanding Sign CUP/VAR GENERAL INFORMATION: PROJECT: Conditional Use Permit to allow a freestanding sign to exceed the 20 foot maximum height limit, and Variance request to locate the freestanding sign within the 10 foot sideyard setback. APPLICANT/REPRESENTATIVE: Wade McClure 1026 San Miguel Road Concord, CA 94518 PROPERTY OWNER: L & S Commercial Real Estate 6301 Scarlett Court Dublin, CA 94568 LOCATION: 6301 Scarlett Court ASSESSOR PARCEL NUMBER: 941-550-16-2 PARCEL SIZE: 4.15+ acres GENERAL PLAN DESIGNATION: Business Park/Industrial: Outdoor Storage EXISTING ZONING AND LAND USE: M-1 Light Industrial (Auto Dealership) SURROUNDING LAND USE AND ZONING: North: PD, Planned Development (vacant lot) South: Scarlett Ct/I-580 Freeway East: M-1, Light Industrial (truck rental/storage) COPIES TO: Applicant Owner 2 File PA 90-001 ITEM NO. PAGE_L_OFL West: M-1, Light Industrial (machine shops) ZONING HISTORY: 9/17/84 - PA 84-054 Conditional Use Permit was approved to establish a Cadillac dealership on the site. 3/11/85 - PA 85-004, modification of PA 84-054 Conditional Use Permit for completion of Site Improvements prior to operation of use. 8/15/85 - PA 85-046, Site Development Review for Cadillac dealership. 6/10/86 - PA 86-023, Site Development Review for Waterbed Factory for continued occupancy of a warehouse within a portion of an existing building. APPLICABLE REGULATIONS: Section 8-87.60 (D) states that freestanding signs in excess of twenty (20) feet in height, located on parcels of four (4) acres or greater in size, are considered signs requiring a Conditional 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 performance 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. Section 8-87.67 Variance procedure states that when practical difficulty, unnecessary hardship, or a result which is inconsistent with the purpose and intent of this Chapter occurs from the strict application of this Chapter, the Planning Director may grant a Variance from the strict application of the standards pertaining to size, height, and/or location of signs regulated by this Chapter in the manner prescribed by this section. No Variance may be granted from the number of freestanding signs allowed. In order to grant a sign Variance, the following findings must be made: 1) that there are special circumstances including size, shape, topography, location or surroundings, applicable to the property which deprive the property of privileges enjoyed by other properties in the vicinity under the identical zoning classification; -2- PAGE OF 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. ENVIRONMENTAL REVIEW: This project has been found to be Categorically Exempt from CEQA under Section 15311, Class 11 (a) and Section 15305, Class 5 of the California Environmental Quality Act Guidelines. This use consists of placement of an on-premise sign accessory to an existing commercial facility and minor alterations in land use limitations (Variance) which will not result in changes to land use or density. NOTIFICATION: Public Notice of the February 20, 1990, hearing was published in a local newspaper, mailed to adjacent property owners, and posted in public buildings. ANALYSIS: The Applicant is requesting approval of a Conditional Use Permit to erect a 35-foot tall freestanding sign on the site. The proposed sign will be setback 50 feet from the Scarlett Court street frontage, and located approximately one (1) foot from the east property line. The sign will be double-faced with a total of 275 square feet of sign area, (137.5 square feet per face). The Applicant is also requesting approval of a Variance of the Sign Ordinance regulating the location of the freestanding sign to be located within the 10 foot sideyard setback area. The Applicant indicated that this location would allow motorists traveling eastbound on I-580 to easily locate the dealership as they pass under the Dougherty Road/Hopyard Road overcrossing. In order for the Applicant to erect the freestanding sign within the 10 foot sideyard setback area, a Variance is required. Staff recommends denial of the Variance request based upon the following findings: 1. There are no special circumstances including size, shape, topography, location or surroundings, applicable to the property which deprive the property of privileges enjoyed by other properties in the vicinity under the same zoning classification. The property is a generally large, relatively flat rectangular parcel adjacent to Scarlett Court and Interstate 580. Visibility of the dealership from the freeway and surrounding areas is not hindered since the buildings prominant architectural features and overall size, allows for high public visibility. -3- PAGE j OF� 2. The granting of the Variance will constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity in that all properties and businesses must comply with the City's Sign Ordinance regulating the size, height, and location of all signs within the city unless all findings of fact are made. Granting a Variance to allow the freestanding sign to be located within the 10 foot side yard setback area does constitute a grant of special privilege in that there are other alternative locations on the site to place the freestanding sign which do not require granting a Variance and would be consistent with the City's Sign Ordinance. Additionally, no other freestanding sign along Scarlett Court, which exceed 20 feet in height, are located within the required front, side or rear yard setback areas. 3. The granting of the Variance will not be detrimental to persons or property in the vicinity or to the public welfare in that if the sign is approved it will be required to comply with all building code regulations. The Applicant has two options available with regard to locating a freestanding sign on the site in conformance with the Sign Ordinance: 1. The Applicant can relocate the proposed freestanding sign approximately 100 feet west of the east property line within the landscaped planter (Attachment 1). A Variance would not be required, however, a Conditional Use Permit to allow the 35 foot height would be required. 2. The Applicant can revise the Conditional Use Permit by reducing the proposed sign to a 27.5 foot tall double-faced freestanding sign with 205 square feet of sign area, setback 35 feet from the street frontage within the landscaped planter (Attachment 1). Both Option #1 and #2 are consistent with the sign ordinance with regards to area, location and height requirements. Staff recommends the Planning Commission approve Option #2 since it appears it will achieve the desired visibility from the freeway, and base the approval subject to the conditions identified 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 relating to PA 90-001, or give Staff and Applicant direction and continue the matter. ACTION: Staff recommends that the Planning Commission adopt the draft resolution (Exhibit B) denying the Variance request and adopt the draft resolution (Exhibit C) approving the Conditional Use Permit for PA 90-001. -4- PAGE OF ATTACHMENTS: Exhibit A: Plans, sign elevations, site plan Exhibit B: Draft resolution denying the Variance request Exhibit C: Draft resolution approving the Conditional Use Permit request Background Attachments: Attachment 1: Alternate Sign Location Attachment 2: Location Map Attachment 3: Written statement from Applicant Attachment 4: Variance findings from Applicant Attachment 5: Applicant's proposed plans -5- PAGE r' OF‘C6 • I -r • .--- 1 _ _t_ .. .._ \I .i _I 1 i_ I . ._ 1 __ . ._. • 1._ . . 1 1 ! / { .. �I / „At„At �Sl— I ,I __ � -'+'. ,I,I,. Yll(1'1 .A.1---H" _3 7 l'' �._ I �-- - r, '1 I i H '�' ___ ._•_1!...7,34. .12 FM. ,________41., lames r. . . .! 1 f i i ` 1 ` r swanson • .e k,1...Jr. /1 ! I T ; 1 I i i �r t I i �, — landscape •1 'I�. -i4 - �— ��.ry..w,.... - � � architect ats-sea-esn d.� 938 Ll ' 1 I ! I I 1 Iiiii.ri--t,. •WI./ i i . 1 I , I 1 7.,4_,.1, 1 ! 1 t. ] ,(Jl I- 4 / w laNyetto.californle ' --. '7. .1._ 1 AIL(— y._ ,` :u, „..T j.. • • :^_._.i=k`\1. <a: • •:.l - •' 'v..._.. ..-.— - - "L, w .•w. 1 vI ;I I w '� _ J�1 t T- -ter / •.' 'vs, .. i._ 1, =ID•— — _—_4 — ,rl= I 1I i I I i —AI -,1lirm.— I Ih , -F i'�- L I Wt i Et v '(' /i' .' " / r.ea,Ir.�/ / �, imi — VAN,I..A•---,.'•' 1 ''''''''.... / • ''.Vili' • 4111 x V,. I � / . / rti1 Z 1.T •1 J Y, ': ' _ / ..._6 vn„a 'I�'- 1� Ae:►, Vriu4 n�Iw•W O� S/ N z _—_— _�L — _ r ..-. J 1 sETBAcC ECG �jI� �LPch�"1'Ih�G PLP<II /'_ of 3I `- rl' �cc •4IrrT -> *cr- n..v+rwa LEAD*. I L I SI . Roctiv4teopeo sae . ' - RECEIVL ► JAN031990 co, - • DUBLIN PLANNIN( (.. . .. _ › . N } ':'i { w } v1 ,\ s 0 i m o pN w I C3 . M mil, o o r— m T cn - v EW in N I• r "I ilkZ v n 1 In ' /' t. • 7, (`f. • n L. 1 b . •r 0'1 � m d m . ; \ • L1 CA \ \ il. m If �� z ooEXHIBIT A RECEIVED- ' , K ri CIAJAN 0 3 1990 1 DUBLIN PLANNING C PAGF "7 OF RESOLUTION NO. 90 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN DENYING PA 90-001 LEW DOTY CADILLAC/OLDSMOBILE VARIANCE REQUEST TO LOCATE A 35 FOOT TALL FREESTANDING SIGN WITHIN THE REQUIRED 10 FOOT SIDEYARD SETBACK AREA AT 6301 SCARLETT COURT WHEREAS, Wade McClure, representing Lew Doty Cadillac/Oldsmobile filed a Variance application to allow a 35' tall freestanding sign to be placed within the required 10' sideyard setback area; and WHEREAS, the Planning Commission did hold a public hearing on said application on February 20, 1990; and WHEREAS, proper notice of said public hearing was given in all respects as required by law; and WHEREAS, the application has been reviewed in accordance with the provisions of the California Environmental Quality Act (CEQA) and has been found to be categorically exempt under Section 15305, Class 5 and Section 15311, Class 11(a). WHEREAS, the Staff Report was submitted recommending the Variance application be denied; and WHEREAS, the Planning Commission did hear and consider all said reports, recommendations and testimony hereinabove set forth. NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission does hereby find: 1. There are no special circumstances including size, shape, topography, location or surroundings, applicable to the property which deprive the property of privileges enjoyed by other properties in the vicinity under the same zoning classification. The property is a generally large (4.15+ acres), relatively flat rectangular parcel adjacent to Scarlett Court and Interstate 580. Visibility of the dealership from the freeway and surrounding areas is not hindered since the buildings prominant architectural features and overall size, allows for high public visibility. 2. The granting of the Variance will constitute a grant of special privilege inconsistant with the limitations upon other properties in the vicinity in that all properties and businesses must comply with the City's Sign Ordinance regulating the size, height, and location of all signs within the city unless all findings of fact are made. Granting a Variance to allow the freestanding sign to be located within the 10 foot side yard setback area does constitute a grant of special privilege in that there are other alternative locations on the site to place the freestanding sign which do not EXHIBIL c require granting a Variance and would be consistent with the City's Sign Ordinance. Additionally, no other freestanding sign along Scarlett Court, which exceed 20 feet in height, are located within the required front, side or rear yard setback areas. 3. The granting of the Variance will not be detrimental to persons or property in the vicinity or to the public welfare in that if the sign is approved it will be required to comply with all building code regulations. BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission does hereby deny PA 90-001 Variance request to erect a 35' tall freestanding sign within the 10' sideyard setback area. PASSED, APPROVED AND ADOPTED this 20th day of February, 1990. AYES: NOES: ABSENT: Planning Commission Chairperson ATTEST: Planning Director -2- PAGE 9 OF.1='_ RESOLUTION NO. 90 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING PA 90-001 CONDITIONAL USE PERMIT REQUEST FOR A FREESTANDING SIGN AT LEW DOTY CADILLAC/OLDSMOBILE DEALERSHIP AT 6301 SCARLETT COURT WHEREAS, Wade McClure, representing Lew Doty Cadillac/Oldsmobile filed an application for a Conditional Use Permit to locate a new freestanding sign on the site at 6301 Scarlett Court; and WHEREAS, the Planning Commission did hold a public hearing on said application on February 20, 1990; and WHEREAS, proper notice of said public hearing was given in all respects as required by law; and WHEREAS, the application has been reviewed in accordance with the provisions of the California Environmental Quality Act (CEQA) and has been found to be categorically exempt under Section 15301, Class 1; and WHEREAS, the Staff Report was submitted recommending the application be conditionally approved; and WHEREAS, the Planning Commission did hear and consider all said reports, recommendations and testimony hereinabove set forth. NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission does hereby find: 1. The use is required by the public need in that it provides business identification to the general public for an auto dealership facility in the City of Dublin. 2. The use will be properly related to other land uses and transportation and service facilities in the vicinity, as it will be commensurate with the present use of properties in the industrial zoning district. 3. The use, if permitted under all of 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 area as all applicable regulations will be met. 4. 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 use is consistent with the intent of the zoning district and with the General Plan. BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission does hereby conditionally approve PA 90-001 Lew Doty Cadillac/Oldsmobile Freestanding sign as shown on the plans labeled Exhibit A, submitted to the Planning Department on January 3, 1990, and subject to the following conditions of approval: EXHIBIT C PAGE LOF CONDITIONS OF APPROVAL: Unless stated otherwise, all Conditions of Approval shall be complied with prior to the issuance of building permits or establishment of use, and shall be subject to Planning Department review and approval. 1. The double faced freestanding sign shall be limited to the following dimensions: a. Maximum Sign Area: 205 square feet (102.5 square feet per face) b. Maximum Sign Height: 27.5 feet c. Front Setback: 35 feet The sign is to be located within the landscaped planter area as indicated on the site plan and landscaping on the site shall be maintained in a viable and well kept manner at all times. 2. Within 30 days of the approval of this use permit, the Applicant or Property Owner shall remove the existing "Cadillac-Oldsmobile" window signs from the front side of the building. Any new or existing signs on the site shall conform to the City of Dublin Sign Ordinance. 3. Within 30 days of the approval of this use permit, all building permits for the proposed freestanding sign shall be secured and construction commenced within 90 days. 4. This approval shall become null and void, in the event the approved use ceases to operate for a continuous one-year period. 5. This use shall be subject to Zoning Investigator review and determination as to compliance with the conditions of approval on an annual basis. 6. This permit shall be revocable for cause in accordance with Section 8- 90.3 of the Dublin Zoning Ordinance. Any violation of the terms or conditions of this permit shall be subject to citation. PASSED, APPROVED AND ADOPTED this 20th day of February, 1990. AYES: NOES: ABSENT: Planning Commission Chairperson ATTEST: Planning Director -2- PAGE L' OF ' III, -- I 41,111 ! •-,'r'-÷ .4 3 i 1 , I . Pit-•J-- . I 11, .,....• 1111P ----,.. i. . V Vi'.-114" t - „. -I' .-I , . , # . *.g. ,, It /, ,i.,.: ,-.:' k! '- a Ai, ....v. , - ,‘ 1 . 0- f ;— 1 ana -111V —71 1 I 1 .1 ' . --4.- 4,-- - 4.i I'1 Ik OD. i •4‘ 2 lirlill ' -4-- 40 • 1.. ...t% • t c alt,-;,/ri,1 :14 1 -I, •,4; , r , 03 4 , ,7-7" .,, 1 . ,. . , r rAtIr 1-••!' ' . c. Ti' ••.:k ' L.I, '4:Pr =, g ' 1 .1‘• 1- 1-1 -.-- I. \-....4 _ 1 . ' 1 —rt :1 (k c% 11 ••• 1 , (s 1 I L , ...L. :1= . • .--- . 1 1 ss,--, - . o 1 41 -'\ qii • _ • • \ •,. - ,.•-; , 1 i I _, •,,, , _,,..4,,mmi .42// I . VII F- 1 •\-' : 111111111-t I . 1 41.1111WMPB IQ Ar... ..CP42 111- -;- b- c / -oT i'------ -1: I ,,• 'd 1 . „ , , , _ —II g )' r• 7- A —1, 1 k- - 71 ,1 ,---iit- i•-",. , .411r1 -----, " 11, N 11.._ —21.1516- -::' .""v -0 r. V." r 1•X — I- , 1.,... -- /. , 1 ..t_4775-45 ,1* ••••1 (IN 1 i - q I F•••3 /> ni — I 1 - Z (r) r" ' I •' -- ATTACHMENT 1 co 2 o t.1 • --P.• ! F-.! !..co—ca— 1 l 'i5111 I 111111111 I , i al'''2'1 i cl:rk. IIINENIMB - • • I _ _ ! , N.\ is�/ ! 3 /�;', ' 11 �;( 1 I',' J - %1 1 i i� I+— i 1 -...' - '_ ... I i''' N \SSN ?" 1/1 l 1 1 — , I I II . / U1 1;, V _ mil\'r I I 5_ „. . I � ' ,.. / ..„ C7 ; I , „R I • . rE ; ,.•. . . i f.‘ V, I / C9 1 \GA 1 ----c DOUGHERTY RD. _y_`f� - 811 . �-- �' ' .J-c. /1 1 �� I F ' _ 1 - r n �` 1 ?% 1 u r '1 •• r. __ _ 7• �: z j a '' -n cn I m to m O � • j '1 < I c.. L. o, H MI -I I C- m 1 m , G : D n o I N 171 D a, Z > 7 �`_ O N . i I --.. m • L •1 �` rr C I .. • C — n -c n -' r \\ > I \ n > n •n I r. Q • r.. N , Ir C I �^ r = n o � '� I C1 -• 5 r w e Z O \ z D N N N Oc as \` z CN Cs ` Z q -----------•--......._ n TASSAJARA RD. - _ ATTAGHMENT 2. _., . . . . . I e�. /, '�"'A'°" n PART OF THE m �I' , o CITY OF SAMINA . ZONING MAP r." ink c J�" " DUBLIN �_� THOMPSON INc CITY OF -, _ e a THE _ DUBLIN 1 r Iw p..G.�...a t—..a[y....• wsl� m ,• ' l r,u 1IN CAI Iff1RNIA PAGE OF' WADE MCCLURE 1026 SAN MIGUEL RD. • CONCORD, CA 94518 • (415) 689-5456 R CEtVLD JAN U 3 1990 DUBLIN PLANNING Planning Department P� 10-O0l City of Dublin California Re: Sign Approval for Lew Doty Cadillac, 6301 Scarlett Court Gentlemen: This request is for a freestanding sign 35 feet high. The proposed sign is to be a standard interior-illuminated Cadillac-Oldsmobile sign as supplied by General Motors throughout the dealer network. The sign consists of one 11 ft.3 in. x 11 ft.3 in. panel which dis- 1 plays the names of the autos sold at the site with the dealer's name at the bottom. There is a second panel which is 3 ft.3 in. x 3 ft.3 in. and which displays the GM logo. Colors are as follows: 11 ft.3 in. x 11 ft.3 in. - background white Cadillac - dark blue Oldsmobile - burgundy Dealer's name - dark blue background with white letters GM logo - dark blue background with white letters Structure - dark blue with polished stainless steel We are requesting permission to locate this sign 50 feet back of the front property line and 1 foot inside the property line on the east side of the property. The proposed sign is to identify this site from the freeway. We feel this exposure is necessary due to this business serving a regional need. The location we are request- ing is necessary to allow the sign to be seen from the freeway and to be located within a planter without disrupting the parking lay- out as approved by the city when the property was developed. The potential benefit that the city could receive is that customers would be able to locate this site with little effort and without ATTACHMENT 3 PAGE It OF II emor Planning Department -2- City of Dublin having to drive around the City of Dublin or stopping to ask direc- tions. We are hopeful that additional sales to out-of-town customers will result from this freeway exposure, thereby increasing the sales tax revenue to the city. Very truly yours, Wade McClure, Permit Agent WM:ac PAGE�r7 OF 1� WADE McCLURE 1026 SAN MIGUEL RD. • CONCORD, CA 94518 • (415) 689-5456 January 30, 1990 RECEIVED JAN 3 1 1990 DUBLIN PLANNING Project: Variance Application for Freestanding Sign at Lew Doty Cadillac, 6301 Scarlett Court, Dublin Special Circumstances: This site is different from other auto agencies along Highway 580 in that it is close to the Hopyard Road overpass and off ramp. Scarlett Court curves to the northwest in front of this site, making the southwest corner of the property approximately 80 feet farther from the freeway than the southeast corner of the property. This re- quires the sign to be located as far to the east as possible to allow it to be seen by potential customers traveling east on Highway 580 as they pass under the Hopyard Road overpass. By locating the sign on the easterly property line, we reduce the angle of vision to the motor- ist traveling Highway 580 as well as locating the sign closer to the freeway. Prior to the reconstruction of the Hopyard Road overpass and the re- alignment of Scarlett Court, a freestanding sign located anyplace along the front of the property would have been seen from the freeway. Special Privilege: We are not requesting any special privilege to allow more or higher signing than other auto agencies but only to have similar signing that is located to best serve the dealer and the public. The other auto agencies do not have any special needs similar to ours as they are located on sites that are generally parallel to the freeway. Detrimental to the Neighborhood: This sign will not be detrimental in that it is similar to other signs located along the freeway and will appear to the public the same. By granting the requested variance to the side yard setback, the sign will have less impact on Scarlett Court than if the height was reduced and the sign was placed in the front planter. ATTACHMENT F PAGES OF 1 -r. - - ; , 1 1 1 . . . _7] al ,I'/ II ILIK \3 \�I }_ = L_ III I 1rJ ,'y r I I I I i/� Iyiz i(iii: j_ii r,.. g II 4 CM " I } — 1 '. , { III Jame r. 1 I f 11 I I —� 1 ,� r swanson �cu...:r. ail I I Il . 1 1 i I 1 ;l.• 1rw 't ,, ,-`-- • . iL A.L _I.k landscape architect 1. N• 415-283-0972 ❑.�� 4— 939 a..Np.... 1_?H i I I I I I L I I i I F :'' I I ! ._z WIG ryan.,aMbmY T—a t—� I H SI KI I 'y ) i I • , �`r-t..,...,kI aC ii-11-... i ) -- 11... .,,, . 1:4., _ a _ , 4 .'... Ar kict/if Liwo / I /� /'• ',M'I;.t Ir .._ � I IleI FL 1�.� _ . 1 l c� /% / , r.,, u ,___ — ei� J Y ( uro g V / r / nr i i ,-I — _ 1 i ' V / A L 0,,,, / ,RoPc,, 00 Sj1N i ,' r _ _ I A i s 7, _ i •!1.( p� , 4Y� 1 1 G_ ,s,-i /1 SETBAr E� �LP<I� rl f I G� PL/xt I yo, ��; C) y du141t `-.CL 1u;1—C 1--3 fcr- t 11F �,,,,., L L I4 rigipmsep stud . upokirtot4 _ ...... RECEIVLD IJC4IVTS JAN 0 3 1990 crb DUBLIN PLANNIN { 1- ..,.. _... r ` > Cz ` � , /\ i 5 r 11 m = 1 o o r.- I .__,...„ En T w O (� is ' 4') m m 0• 4. 1. -I Si Z. `i n w t. I n 1 /v r. 1 1 y 1 + P- re. O n -i ZRI t ► b . 1 o m 4 b\ �1 L1 '))! \ 7 \ d i9 �Gl�/�E"'7 y AZ m \\ I �� bta ^ ° 4 ME ATV HMENT 5.0 REtElVLD- m J A N 0 3 1990 - Q APP111 /..- Moeda sibt4 DUBLIN N PAGE r- /0 CITY OF DUBLIN PLANNING COMMISSION AGENDA STATEMENT/STAFF REPORT Meeting Date: February 20, 1990 TO: Planning Commission FROM: Planning Staff IL PREPARED BY: Maureen O'Halloran, Senior Planner p4 oq4 SUBJECT: PA 89-050 First Western Development, PD Planned Development Rezoning GENERAL INFORMATION: PROJECT: Rezoning request to rezone the site from C-1 to PD Planned Development. Establishing development standards, permitted and conditionally permitted uses. APPLICANT/ PROPERTY OWNER: First Western Development 3970 Mt. Diablo Boulevard Lafayette, CA 94549 PROPERTY OWNER: Metropolitan Life Insurance Company Western Office Metropolitan Plaza, 6th Floor 101 Lincoln Center Drive Foster City, CA 94404 Attn: James Drewry LOCATION: 7450 Amador Valley Boulevard ASSESSOR PARCEL: 941-305-8 PARCEL SIZE: 7+ acres Parcel A: 5.91 acres Parcel B: 1.09 acres GENERAL PLAN DESIGNATION: Retail/Office DOWNTOWN SPECIFIC PLAN: Development Zone 8, Restaurant/Specialty Retail EXISTING ZONING AND LAND USE: C-1 Retail Business District Commercial Retail ITEM NO. COPIES TO: Applicant/Property Owner [PLNG-07:PC89050] PA 89-050/General File PAGE_1__OFLt., r , /1 �1 SURROUNDING LAND USE AND ZONING: North: Church/Office - PD South: Mixed Retail - C-2 East: Flood Control Channel/I-680 - C-1 West: Amador Plaza Road/Restaurant & Mixed Retail - C-1 ZONING HISTORY: Fall 1968, S-276: approval was granted for development of the Handyman Store. Approval for the outdoor nursery was withheld pending a Zoning Ordinance Text Amendment to the C-1 District. November 19, 1969: The Alameda County Planning Commission approved Conditional Use Permit Application C-2105 allowing development of the open-air nursery adjoining the Handyman Store. July 2, 1970: The Alameda County Board of Supervisors approved the appeal for S-276 and Variance 4852 allowing use of a 36 foot high, 280 square foot freestanding business identification sign for the Handyman Store. June 26, 1972: The Alameda County Planning Director approved S-440 and Variance Application V-5800 to allow development of the current sporting goods store. Action on the Variance provided for a Numerical Parking Variance. June 20, 1985: The Dublin Planning Commission approved PA 85-026 (Conditional Use Permit and Site Development Review requests) allowing the enclosure and remodel of a portion of the open-air nursery at the northeast corner of the Handyman Store. March 2, 1987: The Dublin Planning Commission approved PA 87-009 (Conditional Use Permit and Site Development Review requests) allowing Circuit City Stores to refurbish the vacant Handyman Store (including enclosing a 5,700+ square foot nursery area) and to construct a freestanding sign with a height in excess of 20 feet located approximately 40 feet from the front property line. March 16, 1987: The Dublin Planning Commission approved PA 87- 034 (Conditional Use Permit request) for a car stereo installation facility in conjunction with the proposed Circuit City Store refurbishment of the vacant Handyman Store. October 5, 1987 - PA 87-096: The Dublin Planning Commission denied a subdivision request and denied without prejudice a Site Development Review request to construct a 10,000+ square foot commercial building. June 27, 1988 - PA 87-159.1: The Planning Director approved a Site Development Review request to construct a 10,000 square foot commercial retail building. -2- PAGE2OFM November 14, 1988 - PA 89-159.2: The Dublin City Council approved a Tentative Parcel Map to create two parcels from one existing lot and Variance for substandard effective lot frontage on Parcel B. APPLICABLE REGULATIONS: Section 8.31 of the Dublin Zoning Ordinance establishes the intent of the PD District and sets forth the procedures for establishing PD districts. Condition #1 of Resolution No. 144-88 approving the Variance and Condition #2 of Resolution No. 145-88 approving the Tentative Parcel Map required the property owner to apply for a PD Rezoning prior to final map approval. ENVIRONMENTAL REVIEW: The City proposes to adopt a Negative Declaration which finds that the proposed project will not have a significant impact on the environment. NOTIFICATION: Public Notice of the February 20, 1990 hearing was published in the local newspaper, mailed to adjacent property owners, and posted in public buildings. BACKGROUND: In November 1988, the City Council approved a Tentative Parcel Map and Variance application for the First Western Development site. Approval of the application divided an existing 7+ acre site into two parcels, one of which had substandard effective lot frontage (created a flag lot type parcel) for which the Variance was granted. A condition of approval for both the Variance and Tentative Parcel Map required the Applicant to submit an application for a Planned Development Rezoning. This application is in compliance with that condition of approval. Site Development Review for the site to allow a 10,000 square foot retail building was approved in June 1988 and is currently under construction. ANALYSIS: The purpose in rezoning the site to a Planned Development is to establish provisions/development regulations specific to the project site, which would not be addressed under an existing zoning district. The proposed Planned Development Rezoning addresses circumstances unique to the site including the flag lot, substandard lot frontage and infill development. The intent of PD District PA 89-050 is to 1) create an area in which commercial development on separate adjacent parcels function as a single shopping complex and 2) to provide an area for specialty shopping and restaurant uses with pedestrian orientation encouraged. -3- PAGE.41.OF_L The proposed Planned Development uses are consistent with the City's General Plan and Downtown Specific Plan. The proposed PD District establishes permitted and conditionally permitted uses providing a distinction between full service restaurants and fast food restaurants. Development standards for the proposed PD District are consistent with the Downtown Specific Plan establishing maximum building height, floor area ratio and parking, in addition to the typical types of development standards found in conventional zoning districts the proposed PD District establishes a clear zone (see Attachment 1 of the draft rezoning resolution) in which no building may be constructed. This prevents future development from occurring directly in front of the new building currently under construction on parcel B. The proposed PD District also establishes an area in which development may occur in the future (see Attachment 1 of the draft rezoning resolution). The proposed PD Rezoning establishes sign regulations generally consistent with the City's Sign Ordinance. However, the rezoning permits only one freestanding sign on parcel A and prohibits freestanding signs on parcel B. There are two provisions addressed in the draft PD District which Staff and the Applicant disagree: 1. Existing Freestanding Sign: The Applicant proposes to permit the existing freestanding sign to be relocated or replaced with a similar sign (size, shape, configuration) at a new location on parcel A in the event future development in the northwest portion of the site (corner of Amador Valley Boulevard and Amador Plaza Road) causes the sign to be relocated. The Applicant proposes that the relocation be subject to the property owner and City agreement. Staff's position is that any relocation of the freestanding sign must comply with the City's Sign Ordinance and General Provisions of the Planned Development. This ensures that the sign's height and area will be compatible with the relocation and will be consistent with other freestanding signs in the City. Staff's position is represented in the rezoning draft resolution. 2. East Elevation (Parcel B) Wall Signage: The Applicant proposes to allow wall signage on the east elevation (facing I-680) the new building currently under construction subject to conditional use permit approval. The draft resolution prepared by Staff prohibits signage on the east elevation, in that the east elevation does not constitute a frontage under the City's Sign Ordinance definition of primary or secondary frontage. Staff recommends approval of the draft resolution prepared by Staff. -4- PAGE OF L2- 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 relating to PA 89-050 First Western Development PD Rezoning, or give Staff and Applicant direction and continue the matter. ACTION: Staff recommends the Planning Commission adopt the draft resolutions recommending City Council 1) approval of the Negative Declaration (Exhibit B) and 2 ) approval of the Planned Development General Provisions and PD Rezoning (Exhibit C) and recommend the City Council make findings in compliance with AB1600 (Government Code 66000) subject to City Attorney review. ATTACHMENTS : Exhibit A: Plans Exhibit B: Resolution Negative Declaration Exhibit C: Resolution General Provisions/PD Rezoning Attachment 1 : Negative Declaration Attachment 2 : Location Map Attachment 3 : Draft Rezoning Ordinance -5- OF 7, s. ii IP h r-Y7 r-s 1 _ 1 , st ., . ‘.„,.„.._vor.............„.„44r,.___ , i ' ' I ' . I ,. = - -, ,4 1 '..-:i' '' 1:•' .0...'. b 17. 4. '0 ..v.1„ ;la 01 '1-. .ii% ...,st - 0 f:Iti -1 •-: ,,,i.‘. f., .... i-,A,... . .\\ z 10 IS* mx -nsx s le 549 .rz r i ri li 1 .. , .‘. F. 1 i, 1.:,-;-__ .. . __ I, . . .-0. 1 .;;..- = W . .., •,.,•- ,„ , in! , _ .. ___,__ , . t —1 i : .__,,„! • ...,_ PARCEL A t ..r.,--. " fia. •- -L.2.*-2- ..77-• ' I 3 , ' 1177•77; :::. - !- - --;-..'- '772,410-r---° . -7- 0 ,...• • i PARCEL B '.. ;,,,• • !' •-...-,..,:--.4. :k -0 .P- n;..i.—':•;..';.i -! ',..- "4.., - • /I . 1 t, z..11 •- , :i;1 ;.!'•.' . : 1 " CLEAR.; - . ! ''':; 1-:" ° '0 . :! a . '.!--,,i..:. :; 1 `... ZONE ••••"" r. .., ,i ,!;.:,.• . , ...---, c..„.. , > ik-' - %-* ° Z ,1 A 11 : 1 :i•—--- • g :,.."- •:.....-• '.: as...: ,.....--__.. _ • ,',3 ... 1-... 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(,. . .i, U.I. s- ..• ; I4 j i i 4 1111) t• ‘ N. I 1 ., tr ral.11 "4 •-• 1 111 1. 0._1'..,0 ..: , < v , p.,..4 r.. A T.„ , • 7 • ...,_ , , .' s,„. N , . :=3 ,k-/...i- ti..., 11. • --1 ' \ . _.• THIS DESIGN AND DRAWING IS THE kvirres.ke-Ctett-r ) • 4SIEr/J5 AND CANNOT OE USED IN PART OR A 2.....t, WHOLE WITHOUT WRITTEN CONSENT PA 89s- as 6 i--=‘Rsr - IriBITN r_Ly 'll'iii-N4-, - 1PAti 22_OF_Li. , . /....N .0...k, E Jo Z 'ONINNSilil Nil%.4 6861 7 lir _Zi3A11311 I, I \3: ' • i I I I. 1 i •ll :: . . I ...‘ . I . • . r•:-.. 1,, L.. 1 I . . I .—--i :- 4-.. i • %s• I , --.1 .. 0:I i I ' ' • • 1 A :- • 1 (u I . •• , • 1 • . • ' 11;1 1. , I• • _ . I • .. ••.: t 1 . • I • . I j I I Li , • . ..... t • . • I. `-- 1 1 I. [1! ___'d-- • • EL .. 1 . . • ri 1 • Li . 1 . . . t . _i LI • ! , 1 , 1 . ........ •ejjki I7--._ - I i ...... F 11 i r/ -.1 i • -. 14'' .1 - • i ONIIII ••••• i 1 1 I I! 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''REPKtYg_Q: Jilli ma 1 _ . .19 . k(=-,,---- 1.1 A 4. # IL cp(48 ..p5-0 Fiez. 3 of ,31&.--Jok hd-u• RESOLUTION NO. 90 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING THAT THE CITY COUNCIL ADOPT A NEGATIVE DECLARATION OF ENVIRONMENTAL SIGNIFICANCE CONCERNING PA 89-050 FIRST WESTERN DEVELOPMENT REZONING APPLICATION WHEREAS, the applicant Rick Hess representing the property owners, First Western Development and Metropolitan Life Insurance Company, filed an application to rezone the 7+ acre site on the southeast corner of Amador Valley Boulevard and Amador Plaza Road from C-1 to PD, Planned Development; and WHEREAS, the California Environmental Quality Act (CEQA), as amended together with the State's Administrative Guidelines for Implementation of the California Environmental Regulations, requires that certain projects be reviewed for environmental impact and that environmental documents be prepared; and WHEREAS, a Negative Declaration of Environmental Significance has been prepared for PA 89-050; and WHEREAS, the Staff Report was submitted recommending that the Planning Commission recommend that the City Council rezone the property to a PD, Planned Development District, allowing a general range of specialty retail shopping and restaurant uses, along with site specific development criteria, that would be consistent with the goals and objects identified in the Dublin General Plan and the Dublin Downtown Specific Plan; and WHEREAS, the Planning Commision did review the Negative Declaration of Environmental Significance and considered it at a public hearing on February 20, 1990; and WHEREAS, the City Planning Commission determined that the project, PA 89-050, will not have any significant environmental impacts. NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission recommends that the City Council find that the Negative Declaration of Environmental Significance has been prepared and processed in accordance with State and Local Environmental Law and Guideline Regulations, and that it is adequate and complete. PASSED, APPROVED AND ADOPTED this 20th day of February, 1990. AYES: NOES: ABSENT: Planning Commission Chairperson ATTEST: t7r.aF'C �@SO Planning Director Ne-%. `TA ffi-OSO r-« rt-,x-sue e 2,....F zoot6_ RESOLUTION NO. 90 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE REZONING THE SITE FOR A PD DISTRICT AND ESTABLISH FINDINGS AND GENERAL PROVISIONS FOR A PD, PLANNED DEVELOPMENT REZONING CONCERNING PA 89-050 FIRST WESTERN DEVELOPMENT WHEREAS, the applicant Rick Hess representing the property owners, First Western Development and Metropolitan Life Insurance Company, filed an application to rezone the 7+ acre site on the southeast corner of Amador Valley Boulevard and Amador Plaza Road from C-1 to PD, Planned Development; and WHEREAS, the Planning Commission did hold a public hearing on February 20, 1990; and WHEREAS, proper notice of said public hearing was given in all respects as required by law; and WHEREAS, this application has been reviewed in accordance with the provisions of the California Environmental Quality Act and the Planning Commission recommended the City Council adopt a Negative Declaration of Environmental Significance Commission Resolution No for this project, as it will have no significant effect on the environment; and WHEREAS, the Staff Report was submitted recommending that the Planning Commission recommend that the City Council rezone the property to a PD, Planned Development District allowing a general range of specialty retail shopping and restaurant uses which, along with site specific development criteria, would be consistent with the goals and objectives identified in the City's General Plan and the Dublin Downtown Specific Plan; and WHEREAS, the Planning Commission did hear and consider all said reports, recommendations and testimony herein above set forth. NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission does hereby find that: 1. Rezoning the property to a PD, Planned Development District, will be appropriate for the subject property in terms of providing a range of allowable and conditionally allowable uses which will be compatible to existing and proposed land uses in the immediate vicinity and conforming to the underlying land use designation; and 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; and 3. The rezoning will not overburden public services; and 4. The rezoning is consistent with the Dublin General Plan and Downtown Specific Plan. ckC50•. k•eAku�,,pp cavisiertt PAGE1L OF i 9 I?A8R-050 fieerOgrauDa.vtop»w{- BE IT FURTHER RESOLVES THAT THE Dublin Planning Commission does hereby recommend that the City Council adopt an ordinance rezoning the First Western Development (PA 89-050) site to PD, Planned Development District, and adopt the following general provisions: 1. PA 89-050 PD, Planned Development District is established to provide areas for specialty retail shopping and restaurant uses with pedestrian orientation encouraged. It is the intent of this PD District to create an area in which commercial development on separate adjacent parcels function as a single shopping complex. Uses and development of property within this PD District shall be subject to the provisions of the C-1 District except as modified through the General Provisions for said PD (PA 89-050). 2. The following principal uses are permitted in PA 89-050 PD District: a. Retail - including but not limited to: books, clothing, shoes, jewelry, appliances or specialty stores. b. Full Service Restaurants - Non Fast Food (Fast Food Restaurant means a relatively high-volume restaurant providing seating facilities and serving take-out food such as hamburgers, tacos, chicken or sandwiches. Fast food restaurants typically serve prepared or rapidly prepared meals. Food is typically served in disposable containers.) c. Office - located above ground floor. d. Service commercial - uses oriented toward serving the needs of residents and employees in the area, including but not limited to: Dry Cleaners Barber & Beauty Shops Tailor Shop Camera, Watch or Shoe Repair 3. The following uses are conditional uses subject to approval of a Conditional Use Permit: a. Commercial recreation/entertainment - a public or private use or development providing amusement, pleasure or sport operated primarily for financial gain. Uses include but are not limited to: arcade video games, dance floors, theaters. b. Residential 4. Development within this PD District (PA 89-050) shall comply with the following development standards: -2- PAGE Ia.OF.LL a. Maximum permitted building height: 35 feet b. Maximum permitted floor area ratio: .30* * Maximum floor area ratio shall be on a district wide basis, not a per parcel basis. c. Setbacks - subject to Site Development Review approval. Parcel A shall maintain a clear zone free of buildings extending from the west property line of Parcel B westward to Amador Plaza Road (See Exhibit A, area labeled Clear Zone). Setbacks may be modified subject to review and approval of a PD Rezoning. 5. Development within the PD District shall be subject to approval of Site Development Review. 6. Development of any new buildings may occur within the northwestern portion of Parcel A (see Exhibit A, area labeled Future Development Area) subject to Site Development Review approval. a. Maximum allowable building square footage of said building shall be determined during Site Development Review subject to compliance with City of Dublin parking, building height and floor area ratio (site coverage) Zoning Regulations and General Provisions for PA 89-050. 7. Development in any other portion of the PD District inconsistent with the general provisions for PA 89-050 shall be subject to Conditional Use Permit approval upon the Planning Director's determination that the proposed development will constitute a minor modification to the PD District. Upon the Planning Director's determination that the proposed development will constitute a major modification, said modification shall be subject to Planned Development Rezoning approval. 8. Parking requirements within the PD District shall comply with the parking requirements established in the Dublin Downtown Specific Plan. 9. All signs within PD District PA 89-050 shall comply with the regulations established in the City's Sign Ordinance except as specifically modified through these general provisions. The PD general provisions related to signage may be modified subject to Site Development Review approval. All signs shall be subject to review and approval of the Planning Director prior to installation. Parcel A a. Wall Signs - existing wall signs shall continue to comply with previous sign approvals for existing on-site uses, T.J. Maxx, Circuit City and Oshman's. Any new signs or modifications (modification does not include repair) to existing signs shall -3- PAGE/ OF comply with the regulations established in the City's Sign Ordinance including but not limited to sign area, height and length. b. Freestanding Signs - The existing freestanding sign shall continue to comply with the previous freestanding sign approval for the site. 1) Only one freestanding sign shall be permitted on Parcel A. 2) Any modification to sign height, area or location of the freestanding sign shall be subject to review and approval of the Planning Director. 3) Sign heights in excess of 20 feet shall be subject to review and approval of a Conditional Use Permit. Parcel B c. Wall Signs - Wall signs on the approved 10,000 square foot building on Parcel B shall comply with the following provisions: 1) Primary Frontage (West Elevation):* Maximum Sign Area: 10% of tenant frontage surface area available for signage not to exceed 335 square feet total signage for the entire west elevation. Maximum Letter Height (individual illuminated letters): 30 inches Maximum Sign Length: 60% of width of tenant business space 2) Secondary Frontage (North and South Elevations):* Maximum Sign Area: 7.5% of tenant's frontage surface area available for signage. Maximum Letter Height (individual illuminated letters): 24 inches (2 feet) Maximum Sign Length: 10 feet 3) * Exception: Tenant wall signs for "KuppenheimeR" shall generally comply with the plans dated received July 7, 1989, prepared by United Sign Corporation on file in the Dublin Planning Department and labeled Exhibit A. -4- PAGE L7 OF.1 r Primary/Secondary Frontages (West and South Elevations) Maximum Sign Area: 56 square feet Maximum Letter Height: 28 inches - the K and R in "KuppenheimeR" (individual illuminated letters) 18.5 inches - letters in between K and R (individual illuminated letters) 16 inches - sign cabinet "Men's Clothiers" Maximum Total Height: 38 inches Maximum Sign Length: 17 feet, 7 inches 4) Signage shall not be permitted on the east building elevation. d. Freestanding Signs - No freestanding signs shall be permitted on Parcel B. 10. Development of any structure in this PD, Planned Development District, requiring Site Development Review shall be subject to traffic mitigation fees as set forth in the City's traffic mitigation fee ordinance or resolution in effect at the time of development. PASSED, APPROVED AND ADOPTED this 20th day of February, 1990. AYES: NOES: ABSENT: Planning Commission Chairperson ATTEST: Planning Director -5- PAGE S OF 2 NEGATIVE DECLARATION: PA 89-050 First Western Development PD Rezoning (Pursuant to Public Resources Code Section 21000, et seq.) LOCATION: APN 941-305-8 7450 Amador Valley Boulevard Southeast Corner of Amador Valley Boulevard and Amador Plaza Road PROPONENT: Rick Hess First Western Development 3470 Mt. Diablo Boulevard #A150 Lafayette, CA 94541 DESCRIPTION: Planned Development Rezoning from C-1 District to PD District. The PD District establishes development standards and conditional and permitted uses. FINDINGS: The project will not have a significant effect on the environment in that the PD Rezoning is a legislative action approving the zoning and general provisions for the zoning district. Subsequent development on the site will require an environmental determination in compliance with CEQA. INITIAL STUDY A copy of the Initial Study may be examined at the Dublin Planning Department. PREPARATION: This Negative Declaration was prepared by the City of Dublin Planning Staff (415) 833-6610. SIGNATURE: DATE: February 14, 1990 Laurence L. Tong, Planning Director PAb9-050 First tOisterhi SACiatitill 3 I bed A ; 1111"warogill to\\\\\\\\11111411to .... .25 4,0V,°, • \ \ \\\\ tea. ,• ,.,,_ \ . , T—; ..1', o,- c_rf- 10 ' .••.,AWOw \\ \\A‘ p0k #$141 '' '• ~ J u•.A•• `VM►I j� IIi NIG k. __:_4. •• 1 Ne # \ 1 KOLB PARK aaa.rp, ��' l_ ( r ' FT I V + , \ \ .Drat . .''. . \\\\\\\ , *Ate s . . .. __4 c. .,,. ° —�' 1 i; [ . (�'� MI' / i � � \ \ \ FALCON SCM•• 't. ' .--_� ,� ! 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I ' ;$=\ EZOMM‘ 4s' �. so0 -- \ Flom ► \\ �\_ 1, \ s. ii! ate• \ioLiiipp.irillk*e fv ,0 0\\.;v‘.• /i v‘La0\IP%.4;-o-o.p..‘;-_V._t', rn 1. _'_'_.\..:\11 4, \/4,0 A\ ,\\\\\\\•\c,,‘‘\,,‘ ., ‘,s . -,\'''-<:1, fib. §-14D \\ \ ) .,. ;. .. cam \ 34'1' \ .4 W \ \ \ PARK • LOCATION 11- ,. IM ACP k , ,ft, ..., ,,, ,,,,,,, .,: :#„. , ,,.. .' ft 02- .....9 I L i � re,es.-0o FNCs WeiTt7e.ob• - - P ,ram ` N �; ORDINANCE NO. AN ORDINANCE OF THE CITY OF DUBLIN AMENDING THE ZONING ORDINANCE TO PERMIT THE REZONING OF REAL PROPERTY LOCATED AT THE SOUTHEAST CORNER OF AMADOR VALLEY BOULEVARD AND AMADOR PLAZA ROAD, 7450 AMADOR VALLEY 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 7+ acres consisting of lands fronting along the southeast corner of Amador Plaza Road and Amador Valley Boulevard, more specifically described as Assessor's Parcel Number 941-305-8, to a PD, Planned Development District, PA 89-050 - First Western Development, as shown on Exhibit B (Negative Declaration of Environmental Significance), and Exhibit C (Approval, Findings and General Provisions of the PD, Planned Development Rezoning) on file with the City of Dublin Planning Department, are hereby adopted as regulations for the future use, improvement and maintenance of the property within this District. A map depicting the rezoning area is outlined below: f PARK tZO�ri & ATTACP,MENT `IJ '�,.J�- f2eZ�nctitS Drd#'^ PAGE�.L.L OFs� 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 local newspaper published in Alameda County and available in the City of Dublin. PASSED AND ADOPTED BY the City Council of the City of Dublin, on this day of , 1990, by the following votes: AYES: NOES: ABSENT: Mayor ATTEST: City Clerk - 2 - PAGE L`L OF 1:Z CITY OF DUBLIN -m MEMORANDUM MEETING DATE : February 20 , 1990 TO: Planning Commission FROM: Planning Staff PREPARED BY: John Donahoe, Project Planner MJ) SUBJECT: PA 88-010 General Plan Amendment - Dublin Boulevard Extension (Modification of Plan Line) from the Southern Pacific Railroad Right-of-Way to Tassajara Road RECOMMENDATION: Continue this item indefinitely. (This item would then be re-noticed prior to consideration by the Planning Commission. ) The existing plan line of the extension of Dublin Boulevard from the Southern Pacific Railroad right-of-way to Tassajara Road currently lies approximately 1250 feet north of, and parallel to, Interstate 580 . This alignment was adopted as part of the City' s General Plan in February 1985 . Based on the results of previous traffic studies within the City, as well as reviewing proposed improvements to the Hacienda Drive interchange, it became apparent that the existing plan line may be too close to Interstate 580, creating potential traffic problems in the future. The Planning Staff has been examining the realignment of the Dublin Boulevard Extension and is currently reviewing several potential alignments . These proposed alignments are being reviewed for consistency with the conceptual land use patterns being addressed by the East Dublin Extended Planning Area study as well as the future land use plans of Camp Parks and Alameda County property. The requested continuance will allow Staff additional time to coordinate with the various agencies to determine an acceptable alignment. ITEM NO. 8.41 COPIES TO: Planning Files