The Dublin Planning Commission on Tuesday denied review of an almost 5,000-square-foot enclosure belonging to All-American Label, a Dublin printing business that city planners say constructed the building without proper approval.
The business sits on a 1.37-acre lot on the 6900 block of Sierra Court, the site of a 23,994-square-foot building that was approved in the past. According to a staff report presented at Tuesday’s meeting, a 4,456-square-foot addition, apparently build without the proper permits, pushes the site’s floor-to-area ratio above what is allowed by the city.
In 2008, the planning commission granted All-American Label permission to build an unenclosed outdoor storage area at the site. City planners said at the time that an enclosed addition would put the floor-to-area ratio at .48, outside the range of .30 to .40 permitted for the site, which is zoned business park/industrial.
According to Linda Maurer, a city spokesperson, city staff members noticed an enclosed structure during code enforcement checks. Mauer said the city was granted a court injunction in May that prohibits use of the building.
Members of the planning commission voted 3-1 at Tuesday’s meeting to deny review of the site, with Sean O’Keefe offering the dissenting vote. Supporters of the project said review was necessary because the building was constructed with the understanding that the General Plan does not specifically require the ratio, but rather offers it as guidance.
In a letter to the city, an attorney for the project’s applicants cited the General Plan’s section on business park/industrial zoned buildings that states, “Maximum attainable ratios of floor area to site area are controlled by parking and landscaping requirements and typically result in .35 to .40 FAR’s.”
“That language is deliberately descriptive and not mandatory,” said the letter from Peter MacDonald, a Pleasanton-based attorney who specializes in land use law. Maurer said she expected an appeal that would send the issue to the city council, but adding that no appeal had been officially filed since Tuesday’s denial.
Also at the meeting, a unanimous vote amended some zoning ordinances for multi-use establishments. Among the amended ordinances was one that requires that commercially zoned businesses providing both retail and eating and drinking services to limit food preparation and seating areas to 10 percent or less of the entire space. The approved amendments also more clearly defined parking requirements for multi-use establishments.
The changes were prompted by a proposed expansion to , a grocery specializing in Middle Eastern items on the 6700 block of Dublin Boulevard. The store currently has an eat-in area. The zoning changes made Tuesday will make it easier for the market to expand since the rules for that area and parking at multi-use establishments are now better defined.
The proposed expansion includes a larger food preparation area, check-out counter and more seating for customers dining at the market.