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HomeMy WebLinkAboutReso 005-88 NewEwePDRezRESOLUTION NO. 5 - 88 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ESTABLISHING FINDINGS AND GENERAL PROVISIONS FOR A PD, PLANNED DEVELOPMENT REZONING CONCERNING PA 87-127, CREST ENTERPRISES, INC./THE NEW 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, on November 16, 1987, after hearing and considering all reports, recommendations and testimony the Planning Commission adopted Resolution No. 87-074 recommending the City Council adopt a Negative Declaration for PA 87-127 and adopted Resolution No. 87-075 recommending adoption of an Ordinance and establishing findings and general provisions for PD Rezoning for PA 87-127; and WHEREAS, this application has been reviewed in accordance with the provisions of the California Environmental Quality Act and the City Council adopted a Negative Declaration of Environmental Significance (City Council Resolution No. 109 87) for this project, as it will have no significant effect on the environment; and WHEREAS, the Staff Report was submitted recommending that the City Council rezone the property at 11873 Dublin Boulevard to a PD, Planned Development District allowing banks, savings and loan institutions, restaurant, medical offices, health club/fitness center, and tanning and beauty salon uses; and WHEREAS, the Green Store was built as a store use within the 1850's by John Green, an early settler in Dublin and a County Supervisor, and WHEREAS, the Green Store is one of the oldest buildings within the City of Dublin, and WHEREAS, PD 1362nd Zoning Unit was adopted by the Alameda County Board of Supervisors on September 19, 1987, requiring the Green Store be restored and preserved in compliance with the National Historic Register standards for Historic Rehabilitation; and WHEREAS, the Green Store was restored in compliance with the General Provisions of 1362nd Zoning Unit Planned Development; and WHEREAS, the Dublin City Council considers the Green Store building to be a significant historic resource to the General Public; and -1- WHEREAS, the City Council determined that uses permitted and operated within the Green Store should promote the historic value and integrity of building; and WHEREAS, the City Council reviewed and considered all reports, recommendations and testimony concerning the Planned Development Rezoning request at a public hearing on December 14, 1987, December 21, 1987, and January 11, 1988; NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin City Council does hereby find that: 1. Rezoning the property to a PD, Planned Development District to expand the existing permitted uses, requiring a historic theme for uses established in the district, will be appropriate for the subject property in that it will ensure compatability among uses, compatability with the historic character of the Green Store, and will provide for a range of uses which will be compatible to existing land uses in the immediate vicinity and which will conform to the General Plan land use designation. 2. The rezoning will not have a substantial adverse affect on health or safety or be substantially detrimental to the public welfare or be injurious to property or public improvement. 3. The rezoning will not overburden public services. BE IT FURTHER RESOLVED THAT THE Dublin City Council does hereby establish the following General Provisions: PA 87-127 PD, Planned Development District is established to modify and expand the permitted uses approved for 11873 Dublin Boulevard (the Green Store parcel, APN 941-1550-4) of the 1362nd Zoning Unit, and to establish uses compatible to the historic character of Green Store building, comparable with other uses operating within the Green Store, and compatible with the existing Heritage Park office complex, and with the surrounding residential and retail uses. Uses and development of property within this PD, Planned Development District shall be subject to the provisions of the C-O District except as modified through the General Provisions for PA 87-127. 2. The following Principal Uses are permitted in the Planned Develoment District: a) b) c) d) e) f) g) h) i) j) k) restaurant bank/financial institution antique store ice cream store candy store barber shop photographer health club/fitness center tanning salon beauty salon medical offices 3. The following is a Conditional Use in the Planned Development Distict and shall be permitted only if a Conditional Use Permit is approved: - tavern 4. Specific uses in the PA 87-127 PD, Planned Development District shall comply with the following: a) all approved uses shall promote and maintain the historic value and integrity of the Green Store. b) all approved uses shall promote and maintain a historical theme compatible with the historic character of the Green Store. c) All approved uses shall maintain and enhance interior and exterior accessability of the Green Store to the General Public. -2- PA 87-127 PD, Planned Development shall be subject to all other applicable provisions of the 1362nd Zoning Unit, Alameda County, Exhibit C, approved September 19, 1978, by the Board of Supervisors (Ordinance No. 2-87). 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. Prior to establishment of use the Applicant shall a) remove all plant material from the sidewalk along DonIon Way and Dublin Boulevard, b) clean existing catch basins and drain lines, and c) correct the sunken spot and repair the AC paving in the driveway adjacent to Dublin Boulevard. 8. Prior to establishment of use the Applicant shall remove the storage shed built without permits located on the east portion of the lot. Prior to establishment of use, the Applicant shall secure all required City permits, including, but not limited to, zoning approval and building permits. 10. The Applicant shall submit revised C.C. & R.'s as necessary for review and approval by the City Attorney and Planning Director. 11. Any exterior or interior modification, addition, alteration, or accessory structure shall reflect and be consistent and compatible with the historic nature of the Green Store, and shall be subject to Site Development Review approval. 12. All new and existing signage shall be subject to a sign program that shall reflect and be consistent and compatible with the historic nature of the Green Store and shall be similar to and compatible with the professional office uses. PASSED, APPROVED AND ADOPTED this llth day of January, 1988. AYES: Councilmembers Hegarty, Moffatt and Vonheeder NOES: Councilmember Snyder and Mayor Jeffery ABSENT: None ATTEST: City -3-