HomeMy WebLinkAboutPC Reso 87-075 PA 87-127 CC adopt ord to est. PD rezoning Crest enterprise Inc - - -
RESOLUTION NO. 87 - 075
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
RECOMMENDING THE CITY COUNCIL ADOPT AN ORDINANCE AND ESTABLISH FINDINGS AND
GENERAL PROVISIONS FOR A PD, PLANNED DEVELOPMENT REZONING CONCERNING PA 87-127,
CREST ENTERPRISES, INC./THE NEW EWE
PLANNED DEVELOPMENT (PD) REZONING APPLICATION
WHEREAS, Cynthia Ingalls, representing The 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, this application has been reviewed in accordance with the
provisions of the California Environmental Quality Act and the Planning
Commission recommended the City Council adopt a Negative Declaration of
Environmental Significance (Planning Commission Resolution No. 87 - 074) for
this project, as it will have no significant effect on the environment; and
WHEREAS, the Staff Report was submitted recommending that the
Planning Commission recommend that the City Council rezone the property at
11873 Dublin Boulevard to a PD, Planned Development District allowing banks,
savings and loan institutions, restaurant, medical offices, health club/fitness
center, and tanning and beauty salon uses; and
WHEREAS, the Planning Commission heard and considered all said
reports, recommendations and testimony herein above set forth; and
WHEREAS, rezoning the property to a PD, Planned Development
District to expand the existing uses will be appropriate for the subject
property in terms of providing a range of permitted uses which will be
compatible to existing land uses in the immediate vicinity and which will
conform to the General Plan land use designation; and
WHEREAS, the rezoning will not have a substantial adverse affect on
health or safety or be substantially detrimental to the public welfare or be
injurious to property or public improvement; and
WHEREAS, the rezoning will not overburden public services; and
NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission
does hereby recommend that the City Council adopt an Ordinance approving the
PD, Planned Development Rezoning request subject to the following general
provisions:
1. PA 87-127 PD, Planned Develoment District is established to expand the
permitted uses approved for 11873 Dublin Boulevard (the Green Store parcel,
APN 941-1550-4) of the 1362nd Zoning Unit, and to establish permitted uses
compatible with the existing Heritage Park office complex and with the
surrounding residential and retail uses. Uses and development of property
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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. Specific uses permitted in the PA 87-127 PD, Planned Development District
are limited to the following uses:
a) Financial Institutions - Including banks and savings and loans
b) Restaurant
c) Medical Offices
d) Service Commercial - Limited to beauty salon, tanning salon, barber
shop
e) Health Club/Fitness Center
3. Massage establishments or services shall be a prohibited use in PA 87-127
PD, Planned Development District except as specifically exempted under the
City's Ordinance regulating massage establishments and services (Ordinance
No. 2-87).
4. PA 87-127 PD, Planned Development shall be subject to all applicable
provisions of the 1362nd Zoning Unit, Alameda County, Exhibit C, approved
September 19, 1978, by the Board of Supervisors (Ordinance No. 2-87).
5. Prior to establishment of use the Applicant shall comply with all
applicable City of Dublin Police Security Regulations, including pinlocks
installed on all unsecured casement windows and steel door bars with
padlock to secure doors during non-business hours subject to Police
Department approval.
6. Prior to establishment of use the Applicant shall a) remove all plant
material from the sidewalk along Donlon Way and Dublin Boulevard, b) clean
existing catch basins and drain lines, and c) correct the sunken spot and
repair the AC paving in the driveway adjacent to Dublin Boulevard.
7. Prior to establishment of use the Applicant shall remove the storage shed
built without permits located on the east portion of the lot.
8. Prior to establishment of use, the Applicant shall secure all required City
permits, including, but not limited to, zoning approval and building
permits.
9. The Applicant shall submit revised C.C. & R.'s as necessary for review and
approval by the City Attorney and Planning Director.
10. Any exterior modification, addition, alteration, or accessory structure
shall reflect and be consistent and compatible with the historic nature of
the Green Store, and shall be subject to Site Development Review approval.
11. All new and existing signage shall be subject to a sign program that shall
reflect and be consistent and compatible with the historic nature of the
Green Store and shall be similar to and compatible with the professional
office uses.
PASSED, APPROVED AND ADOPTED this 16th day of November, 1987.
AYES: Commissioners Burnham, Tempel and Zika
NOES: Commissioner Mack
ABSENT: Commissioner Barnes
anning Commis Chairperson
ATTEST:
Planning Director
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