Loading...
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. 1 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.