HomeMy WebLinkAboutPC Minutes 09-12-1977 Minutes of Planning Commission
September 12, 1977
Page 1
1. 1271ST ZONING UNIT - ARTHUR BRIDGES - Petition to reclassify from Continued to
the R-1 (Single Family Residence) District to the R-S-D-3 (Suburban 12/12/77
Residence, 2,300 sq. ft. minimum building site area) District and
the C-2 (General Commercial) District to the R-S-D-20 (Suburban
Residence, 2,000 sq. ft. minimum building site area) District, three
parcels totalling 2.91 acres located at the top of Angus Way and
Gilbert Street, adjacent southwesterly to the Foothill Boulevard/
Highway 238 interchange, Hayward area.
Chairman Kauffman announced that this matter would be continued to December
12, 1977.
2. PRELIMINARY LAND USE AND DEVELOPMENT PLAN, PD-41 - ARTHUR BRIDGES - Continued to
Application to permit construction of two 30-unit apartment 12/12/77
dwellings on a 2.91 acre site located at the top of Angus Way
and Gilbert Street, adjacent southwesterly to the Foothill
Boulevard/Highway 238 interchange, Hayward area.
Chairman Kauffman announced that this matter would be continued to December
12, 1977.
There was no one present desiring to speak concerning this matter.
3. 1318TH ZONING UNIT - FELIX AND HAZEL PINZA - Petition to reclassify Continued to
one parcel from the R-1 (Single Family Residence) District to the 9/26/77
C-1 (Retail Business) District, containing approximately 13,570 sq.
ft. (0.31 acres) located at 1075 Mattox Road, south side, about 450
feet east of Mission Boulevard across from the intersection of Angus
Way, Hayward area.
Mr. Wallace presented the staff report. He recommended continuance to September
26, 1977 to permit evaluation of testimony.
Mr. Felix Pinza advised that he had a shop on this property prior to zoning
of this property, the shop still exists and he has an opportunity to rent
it for a television repair shop and would like to exercise that opportunity.
He indicated that the income is needed to help pay the taxes and requested
that the rezoning be approved. He submitted a copy of a petition signed by
neighbors up and down Mattox Road as well as on Angus Way, the petition was
in favor of the requested rezoning.
There was no one present opposed to the rezoning as requested.
Commissioner Rusteika moved continuance to September 26, 1977.
Seconded by Commissioner Spiliotopoulos and carried.
0 1319TH ZONING UNIT - H. W. HENDERLONG, JR. - Petition to reclassify Continued to
a parcel containing one care from the M-1 (Light Industrial) 12/12/77
District to the C-2 (General Commercial) District, located at 6400
Village Parkway, west side, 400 feet south of Dublin Boulevard,
Dublin area.
Mr. Henn presented the staff report. He recommended that the Planning Commission
recommended to the Board of Supervisors that the subject petition be disapproved
for the reasons specified in the staff analysis.
Mr. Ralph Henderlong was present.
Commissioner Carpenter asked if this rezoning request falls into the category
of those affected by the recent appellate court decision.
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Minutes of Planning Commission
September 12, 1977
Page 2
4. (continued):
Mr. Fennone said he would caution the Commission in taking action. He said
that the general plan amendment including this area is currently pending
decision by the Board of Supervisors, and the Board may wish to designate
this area for a mixture of industrial and commercial uses. He said it may
be better So defer final action on this application. If the Board makes no
change, this Commission has no choice but to recommend to the Board consistent
with the adopted general plan.
Mr. Ralph Henderlong, owner of property, pointed out that this building is
part of the Formost Research Center put together by time. He said that since
the original development every property in the District has been put to a
use other than industrial, most of the property being in the C-2 (General
Commercial) use. He said that he has an office building, difficult to
lease, and as of the third of September he will have the third vacancy
factor, though people wishing to conduct C-2 uses come in looking for space
from time to time.
Mr. Henderlong continued that he filed this rezoning at the request of the
Zoning Administrator, as 6 months he had rented offices to an attorney, and
to a credit union. The Zoning Administrator determined that it was not in
keeping to M-1 zoning and suggested that C-2 zoning be requested.
Mr. Henderlong related that his property is surrounded by C-2 uses, the building
adjacent is zoned C-2 and is in use as a Credit Union and yet the staff
recommends denial of his application to pursue the same zoning and use.
Commissioner Carpenter noted that the courts have said that zoning must be
consistent with the general plan and this requested zoning would not be
consistent with the general plan. He suggested that the Commission adopt
the staff recommendation to disapprove the application but recommended to
the Board of Supervisors that the general plan be changed, or in the event
that the Plan is changed, indicate that this Commission would favor a C-2
designation for the property.
Mr. Fennone advised that if the Board of Supervisors changes or modifies the
action recommended to them by this Commission, they must refer the General
Plan back to this Commission at which time the Commission could recommend
in the way they now propose. He indicated that it could be brought to the
Boards attention when they take action on the General Plan on September 22,
1977, that they would want to put in more flexibility in the General Plan.
Commissioner Carpenter asked if it would be appropriate to suggest that the
reason for the vote of the Commission is because their hands are tied and
the Commission might be otherwise disposed if the General Plan were changed
to make a different recommendation.
Commissioner Shockley said that in regard to overall planning for commercial
and industrial in this area, it seems that the Commission is uncertain and
that they don't have guidelines for making a decision at the moment. She
said that when the Commission looked at the General Plan amendment for the
Livermore Valley they did not scrutinize this problem.
Mr. Fennone advised that the Court of Appeal held that zoning must be exactly
consistent with the General Plan and that the Board of Supervisors may be
demanded by a writ of mandate to make it conform. He advised that this
Commission does not have the power to recommend in a way contrary to the
General Plan. The only solution would be to have the Board of Supervisors
adopt a more flexible General Plan.
Mr. Fraley advised that this property and the Lucky Stores property is operating
under a conditional use permit. He said that one of the conditions of approval
is that every use in the building is to be given zoning approval before it is
installed so that it can be checked against the limitations of the M-1 District.
He indicated this is what brought the matter to the attention of the Zoning
Investigator.
Minutes of Planning Commission
September 12, 1977
Page 3
4. (continued):
Commissioner Shockley asked for the rationale behind the limitation of office
use in the M-1 district.
Mr. Fraley indicated that it has to do with clients, traffic and an attempt
to reserve industrial land for manufacturing or high employee density uses
as contrasts to low employee density administrative offices.
Commissioner Spiliotopoulos didn't believe that this area is suitable for
industrial uses in view of existing development and uses. He further believed
that there is ample industrial area in the Valley to take care of industrial
users well beyond this century.
Commissioner Carpenter moved that the Commission adopt the staff recommendation
in order to accord with the current decision in the appeallate court, in the
event the Board of Supervisors changes the General Plan to permit a different
zoning of the subject property, that this matter be returned to the Planning
Commission for further consideration and recommendation.
Commissioner Shockley was concerned that the recommendation of the Commission
not prejudice their future consideration and decisions on this property.
Mr. Fennone advised that the Court held that the General Plan is the constitution
of the County and must be obeyed, so if it is specific it must be zoned for
industrial and cannot be zoned any other way. The only way to retain discretion
is to have a general plan which is flexible, which doesn't tie land down to
one land use category. He believed it is certain that the Board of Supervisors
will make modifications in the recommendation of the Planning Commission concerning
the Livermore Valley General Plan, which means that the Plan will be returned
to this Commission. He said that with regard to this property the Commission
may if they so choose recommend that the General Plan be revised to show a
mixture of industrial and commercial uses.
Mr. Fennone continued that his office has been directed to seek legislation in
Sacramento to untie the Court decision and the Planning Staff has been directed
to loosen up the General Plan. He said that this application was filed when
the County thought they had zoning discretion and the matter could be continued
or make a recommendation along the lines suggested by Commissioner Carpenter.
Commissioner Spiliotopoulos asked if Mr. Henderlong would rather have action
on the application or continue the matter until the Board of Supervisors has
acted on the General Plan amendment.
Mr. Henderlong indicated that he would rather have the matter continued; however,
he was concerned as to what would happen with the existing uses in the building
during the interim.
Mr. Fennone indicated that normally, zoning enforcement is withheld pending
administrative remedies.
Commissioner Rusteika moved continuance to December 12, 1977.
Seconded by Commissioner Spiliotopoulos and carried.
Commissioner Tissol asked that the staff give facts and figures about the
lack of M-1 zoning in Dublin and the issue of industrial land planning and
zoning in the Dublin and Pleasanton Livermore Valley area.
Commissioner Douglas indicated that she would be interested in receiving such
a report.