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HomeMy WebLinkAboutItem 6.2 Amercn CityTruckStop CUP ( C( :// :/ - . ~(/~ V /) /(t,v' ' \ I' -'..... CITY OF DUBLIN AGENDA STATEMENT CITY COUNCIL MEETING DATE: May 13, 1991 SUBJECT: Appeal of PA 91-005 American City Truck Stop Conditional Use Permit located at 6310 Houston Place REPORT PREPARED BY: Ralph Kachadourian, Assistant Planner ~ EXHIBITS ATTACHED: Exhibit A: Approved Site Plan Exhibit B: Draft Resolution of Approval of the Conditional Use Permit Attachment 1: Planning Commission Resolution No. 91-002 Conditional Use Permit Attachment 2: Minutes from the March 18 and April I, 1991 Planning Commission Meetings Attachment 3: Letter of Appeal dated received April 4, 1991 and April 15, 1991 Attachment 4: Intersection Location Map Attachment 5: Location/Zoning Map Attachment 6: Photographs taken April I, 1991 ~~ 1 ) 2) 3) 4) 5) Open Public Hearing and hear Staff presentation Take testimony from Applicant and the public Question Staff, Applicant and the Public Close Public Hearing and deliberate Adopt Resolution (Exhibit B) approving Conditional Use Permit, or give Staff and Applicant direction and continue the matter RECOMMENDATION: FINANCIAL STATEMENT: See Description DESCRIPTION: Backqround On January 17, 1991, the Applicant submitted an application requesting Conditional Use Permit approval to continue the operation of a truck stop, weigh scale, long term storage of trucks and ancillary retail space at 6310 Houston Place. A previous Conditional Use Permit for the truck stop expired on January 20, 1991. ---------~--~----------------------------------------------------- ITEM NO. ~ COPIES TO: General/Agenda File [91005csr] . .-1:/7 1(C-rJ_S/l Proj~ct Planner ~ j..:..;u U Appllcant On March 18, 1991, the Planning Commission conducted a public hearing and continued the item to the April 1, 1991 Planning Commission meeting. On March 28, 1991, the Planning Commission and Staff conducted a field trip to the American City Truck Stop site to review the landscaping requirements and the overall condition of the property. On April 1, 1991, the Planning Commission adopted Planning Commission Resolution No. 91-022 (Attachment 1) approving Conditional Use Permit PA 91-005. On April 4, 1991, the Planning Commission action was appealed by the Applicant. The Applicant is appealing Condition #5 of Resolution No. 91-022 which requires the Applicant to remove and replace the A.C. pavement section and curb and gutter on Houston Place at the intersection of Dougherty Road subject to Public Works approval (Attachment 3). The Applicant contends that the repair of the street, curb and gutter is the responsibility of the City and that water has caused the failure of the pavement and concrete. Analysis The Planning Commission approved Staff's reco~endation of the Conditional Use Permit for American City Truck Stop which included a condition for repair of the A.C. paving and concrete gutter at the Houston Place/Dougherty Road intersection. Since the use accommodates fully laden truck/trailer rigs, the Public Works Department has reviewed and determined that the stopping and maneuvering of these fully laden vehicles at this intersection has caused the failure of the pavement and concrete gutter. Both the American City Truck stop and the Admiral Van and Storage uses generate truck traffic. The Public Works Department will do daily counts at the intersection to determine the traffic split between American City Truck Stop and Admiral Van and Storage. Staff recommends that the American City Truck Stop share in the cost of the pavement and curbed gutter repair based on the truck stop's proportionate share of the truck traffic using Houston Place. The method of repair and the cost shall be worked out between the Applicant and the Public Works Director. The City will need to incur the remaining share of the repair costs since Admiral Van and storage is not applying for any new permits. Attached for Council consideration is a Draft Resolution (Exhibit B) with modification to Condition #5 approving the American City Truck Stop Conditional Use Permit. -2- . . ....:..~'., "'~:~'I' 1~.,~.tl\~IJI.~tII'~R~':.l15~. [';'IfI!~'~ltol"'~' ~.. .. ...." I . \ '.' 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'. ;:.::..... . \ '. .":. :'.' ...:f;~:ri':i\"',;:..\..., o' ....... i::':l: 'l;-;\;\"I\).:~~;)\'\' . '.. .... . ,.,: '. i~ I . ' . .:...:-'-.:...~.Q .;'\r~I(' ... .~: .....:".:.~~,.:.l~" ~~Jr.~~' ..., ':":': :':~I~J'.':!~:~~t~.\:( ..~. '.' ';" '. . '. . .. .... RESOLUTION NO. 91 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN --------------------------------------------------------------------- APPROVING PA 91-005 AMERICAN CITY TRUCK STOP CONDITIONAL USE PERMIT TO OPERATE A TRUCK STOP, WEIGH SCALE, LONG TERM STORAGE OF TRUCKS AND ANCILLARY RETAIL SPACE WITH MODIFICATION TO CONDITION #5 AT 6310 HOUSTON PLACE WHEREAS, Fred L. Houston, owner of American City Truck Stop, filed an application for a Conditional Use Permit to allow the operation of an existing truck stop, weigh scale, long term storage of trucks and ancillary retail space ~t 6310 Houston Place; and WHEREAS, the Planning Commission did hold a public hearing on said application on March 18, 1991 and April 1, 1991; and WHEREAS, the application has been reviewed in accordance with the provisions of the California Environmental Quality Act (CEQA) and was found to be categorically exempt under Section 15301, Class 1 ; and WHEREAS, the City of Dublin Zoning Ordinance allows other uses found by the Planning Commission to meet the intent of the M-l District subject to approval of a Conditional Use Permit; and WHEREAS, the Planning Commission did hear and consider all said reports, recommendations and testimony hereinabove set forth; and WHEREAS, on April 1, 1991, the Planning Commission adopted Resolution No. 91-022, approving PA 91-005 Conditional Use Permit for American City Truck stop; and WHEREAS, Condition #5 of the Planning Commission Resolution No. 91-022 action approving PA 91-005 American City Truck Stop Conditional Use Permit was appealed; and WHEREAS, the City Council held a public hearing on the appeal on May 13, 1991; and WHEREAS, proper notice of said public hearing was given in all respects as required by law; and WHEREAS, the Staff Report was submitted to the City Council recommending the City Council approval of the Conditional Use Permit application; and WHEREAS, the City Council heard and considered all reports, recommendations and testimony hereinabove set forth. NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin City Council does hereby find: A. The proposed project will serve a public need by providing a truck stop, weigh scale, long term storage of trucks and ancillary retail space to the community. EXHIBIT B B. The use will be properly related to other land uses and transportation and service facilities in the vicinity, as the proposed use will be compatible to the type and nature of operations typically found in the neighborhood. C. The use, under all circumstances and conditions of this particular case, will not materially adversely affect the health or safety of persons residing or working in the vicinity, or be materially detrimental to the public welfare or injurious to property or improvements in the neighborhood, as all applicable regulations will be met. D. The use will not be contrary to the specific intent clauses or performance standards established for the district in which it is to be located, in that conditions have been applied to insure conformance with the Zoning Ordinance. BE IT FURTHER RESOLVED THAT THE Dublin city Council does hereby conditionally approve PA 91-005 American City Truck stop Conditional Use Permit as shown by Exhibit A, subject to the following conditions: CONDITIONS OF APPROVAL: Unless stated otherwise, all Conditions of Approval shall be complied with prior to the issuance of buildinq permits or establishment of use, and shall be subiect to Planninq Department review and approval. The followinq codes represent those departments/aqencies responsible for monitorinq compliance of the conditions of approval. [PLl Planninq, [Bl Buildinq, [POl police, [PWl Public Works, [ADMl Administration, [FINl Finance, [Fl Douqherty Reqional Fire Authority, [DSRl Dublin San Ramon Services District, [COl Alameda County Department of Environmental Health. 1. PA 91-005 is approved for a truck stop, weigh scale, long term storage of trucks and ancillary retail space, located at 6310 Houston Place as generally depicted on the site plan/Staff-Study #2 dated March 28, 1991, stamped approved, labeled Exhibit A, and as modified by Conditions of Approval. [PL] 2. The Applicant and/or Property Owner shall submit a detailed landscape and irrigation plan for the phase two landscaping as shown by Exhibit A, Staff-Study #2 Landscape Plan (option #2) for review and approval by the Planning Director within 30 days of the effective date of approval of this Conditional Use Permit. The landscaping plan shall include the installation of larger wheel stops for truck and trailer parking. The landscaping and wheel stops shall be installed within 90 days of said approval. [PL] 3. The existing landscaping along the north and west portions of the property shall be maintained in a viable and well kept manner at all times. Any proposed changes to the overall site landscape layout, design or plant type shall be subject to review and approval of the Planning Director. [PL] 4. The Applicant and/or Property Owner shall submit a parking lot striping plan for review and approval by the Planning Director. The /91005re2 - 2 - striping plan shall show double-striped parking spaces for the existing six spaces along the west perimeter and the repainting of arrows and pavement markings on the site. All striping, arrows and pavement markings on the site shall be repainted in compliance with approved plans, to the satisfaction of the Planning Director within 90 days of the effective date of this Conditional Use Permit approval. [PL] 5. The Applicant and/or Property Owner shall remove and replace the failed A.C. pavement section and curb and gutter on Houston Place from the intersection of Dougherty Road to the first driveway on Houston Place. The Applicant shall share in the cost based on his proportionate share of the truck traffic using Houston Place. The method ~f repair and cost shall be determined by the Applicant and the Public Works Director. An encroachment permit must be obtained from the Public Works Director prior to repair. This condition shall also apply to any future repair costs to Houston Place based on the proportionate share of the truck traffic using the truck stop operation. [PW] 6. The concrete drainage swales and failed asphalt at several locations on the property must be replaced or repaired to the satisfaction of the Public Works Director. [PW] 7. All activities shall be controlled so as not to create a nuisance to the existing and/or future businesses on parcels adjoining the subject property. [PL] 8. The Applicant and/or Property Owner shall post signs on the site to direct truck/trailer traffic onto the property. Said signs shall be a maximum of 8 square feet and be at the entrances to the site. [PL, PW] 9. Any new or proposed signs added to the site shall be subject to review and approval by the Planning Director prior to installation. [PL] 10. No loudspeakers or outside amplification of music shall be allowed. [PL] 11. The property shall be maintained in a clean and litter-free condition at all times. [PL] 12. Trash facilities shall be readily available within the truck parking area subject to review and approval by the Planning Director. [PL] 13. The building shall be kept in good repair, and if necessary, be repainted in a color to match the existing building color. [PL] 14. The truck parking area shall be surrounded on the south and east sides by a solid wall or fencing subject to review and approval by the Planning Director. This condition may be met by adjacent fencing. [PL] 15. No outdoor storage of any materials or equipment is allowed except long term truck storage and items "trailed" on trucks. [PL] /91005re2 - 3 - 16. The Applicant must comply with all requirements of the Alameda County Department of Environmental Health and Dougherty Regional Fire Authority relating to the existing underground fuel tank on site. [CO, F] 17. The Applicant shall provide written documentation to the Planning Department that the requirements of Alameda County Department of Environmental Health and Dougherty Regional Fire Authority have been met. [PL] 18. The Applicant shall bring the site into conformance with the project conditions of approval within ninety (90) days from the effective date of this approval. [PL] 19. No modifications to the site shall occur without prior review and written approval of the Planning Director and must comply with all applicable zoning, Building Code and Public Works regulations including issuance of building permits if required. [PL, B, PW] 20. On at least an annual basis, this Conditional Use Permit shall be subject to Zoning Investigator review and determination as to compliance with the conditions of approval. [PL] 21. This permit shall be null and void in the event the approved use ceases to operate for a continuous one year period. [PL] 22. This permit shall be revocable for cause in accordance with Section 8- 90.3 of the Dublin Zoning Ordinance. Any violation of the terms or conditions of this use permit shall be subject to citation. [PL] PASSED, APPROVED AND ADOPTED this 13th day of May, 1991. AYES: NOES: ABSENT: MAYOR ATTEST: City Clerk /91005re2 - 4 - RESOLUTION NO. 91 - 022 --------------------------------------------------------------------- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING PA 91-005 AMERICAN CITY TRUCK STOP CONDITIONAL USE PERMIT TO OPERATE A TRUCK STOP, WEIGH SCALE, LONG TERM STORAGE OF TRUCKS AND ANCILLARY RETAIL SPACE AT 6310 HOUSTON PLACE WHEREAS, Fred L. Houston, owner of American city Truck stop, filed an application for a Conditional Use Permit to allow the operation of an existing truck stop, weigh scale, long term storage of trucks and ancillary retail space at 6310 Houston Place; and WHEREAS, the city of Dublin zoning Ordinance allows other uses found by the Planning commission as may meet the intent of the M-1 District subject to approval of a Conditional Use Permit process; and WHEREAS, the Planning commission did hold a public hearing on said application on March 18, 1991 and April 1, 1991; and WHEREAS, proper notice of said public hearing was given in all respects as required by law; and WHEREAS, the application has been reviewed in accordance with the provisions of the California Environmental Quality Act (CEQA) and was found to be categorically exempt under section 15301, Class 1 ; and WHEREAS, the Staff Report was submitted recommending that the application be conditionally approved, subject to conditions; and WHEREAS, the Planning Commission did hear and consider all said reports, recommendations and testimony hereinabove set forth. NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission does hereby find: A. The proposed project will serve a public need by providing a truck stop, weigh scale, long term storage of trucks and ancillary retail space to the community. B. The use will be properly related to other land uses and transportation and service facilities in the vicinity, as the proposed use will be compatible to the type and nature of operations typically found in the neighborhood. C. The use, under all circumstances and conditions of this particular case, will not materially adversely affect the health or safety of persons residing or working in the vicinity, or be materially detrimental to the public welfare or injurious to property or. improvements in the neighborhood, as all applicable regulations will be met. D. The use will not be contrary to the specific intent clauses or performance standards established for the district in which it is to be located, in that conditions have been applied to insure conformance with the zoning Ordinance. ATTACHMENT / BE IT FURTHER RESOLVED THAT THE Dublin Planning commission does hereby conditionally approve PA 91-005 American city Truck stop Conditional Use Permit as shown by materials labeled Exhibit A, on file with the Dublin Planning Department, subject to the following conditions: CONDITIONS OF APPROVAL: Unless stated otherwise all Conditions of Aooroval shall be com lied with prior to the issuance of building oermitsor establishment of use. and shall be subject to Plannino Department review and aooroval. The follo>lino codes reoresent those departments/aoencies resoonsible for monitorino comoliance of the conditions of aooroval. rPLl Plannino rBl Buildina ,PO, police. ,PW Public Works ADM Administration rFIN Finance rFi Douahertv Reoional Fire Authoritv. rDSRl Dublin San Ramon Services District. rCOl Alameda Countv Deoartment of Environmental Health. 1. PA 91-005 is approved for a truck stop, weigh scale, long term storage of trucks and ancillary retail space, located at 6310 Houston Place as generally depicted on the site plan/staff-Study #2 dated March 28, 1991, stamped approved, labeled Exhibit A, and as modified by Conditions of Approval. [PL] 2. The Applicant and/or Property Owner shall submit a detailed landscape and irrigation plan for the phase two landscaping as shown by Exhibit A, Staff-Study #2 Landscape Plan (Option #2) for review and approval by the Planning Director within 30 days of the effective date of approval of this Conditional Use Permit. The landscaping plan shall include the installation of larger wheel stops for truck and trailer parking. The landscaping and wheel stops shall be installed within 90 days of said approval. [PL] 3. The existing landscaping along the north and west portions of the property shall be maintained in a viable and well kept manner at all times. Any proposed changes to the overall site landscape layout, design or plant type shall be subject to review and approval of the Planning Director. [PL] 4. The Applicant and/or Property Owner shall submit a parking lot striping plan for review and approval by the Planning Director. The striping plan shall show double-striped parking spaces for the existing six spaces along the west perimeter and the repainting of arroWS and pavement markings on the site. All striping, arrows a~d pavement markings on the site shall be repainted in cODpliance wi~h approved plans, to the satisfaction of the Planning Director within 90 days of the effective date of this Conditional Use PerDit approval. [PL] 5. The Applicant and/or property Owner shall remove and replace the failed A.C. pavement section and curb and gutter on Houston Place frOB the intersection of Douohertv Road to the first drivewav on Houston Place. An encroachment-permit must be obtained from the Public y;orks Director prior to repair. [PW] - 2 - 6. The concrete drainage swales and failed asphalt at several locations on the property must be replaced or repaired to the satisfaction of the Public Works Director.. [PW] 7. All activities shall be controlled so as not to create a nuisance to the existing and/or future businesses on parcels adjoining the subject property. [ PL ] 8. The Applicant and/or Property Owner shall post sions on the site to direct truck/trailer traffic onto the property. Said siqns shall be a maximum of 8 square feet and be at the entrances to the site. [PL, PW] 9. Any new or proposed signs added to the Sl~e shall be subject to review and approval by the Planning Director prior to installation. [PL] 10. No loudspeakers or outside amplification of music shall be allowed. [PL] 11. The property shall be maintained in a clean and litter-free condition at all times. [PL] 12. Trash facilities shall be readily available within the truck parking area subject to review and approval by the Planning Director. [PL} 13. The building shall be kept in good repair, and if necessary, be repainted in a color to match the existing building color. [PL} 14. The truck parking area shall be surrounded on the south and east sides by a solid wall or fencing subject to review and approval by the Planning Director. This condition may be met by adjacent fencing. [PL] 15. No outdoor storage of any materials or equipment is allowed except long term truck storage and items "trailed" on trucks. [PL] 16. The Applicant must c0mply with all requirements of the Alameda County Department of Environmental Health and Dougherty Regional Fire Authority relating to the existing underground fuel tank on site. [CO, F] 17. The Applicant shall provide written documentation to the Planning Department that the requirements of Alameda county Department of Environmental Health and Dougherty Regional Fire Authority have been met. [PL] 18. The Applicant shall bring the site into conformance with the orolect conditions of aooroval within ninety (90) days from the effective date of this approvai~ [PL] 19. No modifications to the site shall occur without orior review and written aooroval of the plannino Director and must comolv with all applicable zoning, Building Code and Public Works regulations including issuance of building permits if required. [PL, B, PW} - 3 - 20. On at least an annual basis, this Conditional Use Permit shall be subject to zoning Investigator review and determination as to compliance with the condi~ions of approval. [PL] 21. This permit shall be null and void in the event the approved use ceases to operate for a continuous one year period. [PL] 22. This permit shall be revocable for cause in accordance with section 8- 90.3 of the Dublin Zoning Ordinance. ,'Any violation of the terms or conditions of this use permit shall be subject to citation. [PL] PASSED, APPROVED AND ADOPTED this 1st day of April, 1991. AYES: Commissioners Barnes, Burnham, North and Rafanelli NOES: None ABSENT: commissioner zika /l!k1i /;//I#[f~/L Planning Commrssi~n Chairperson ATTEST: - 4 - ~. North felt that if the trailer was moved 20 feet to the sout~t wo ld eliminate the parking concerns. ~.. ' Mr. rath indicated that a periodic review of the parking~onditions might ~ppropriate. If a parking problem still existed/~the trailer could be oved. / Cm. North f ~ that the trailer should be moved at time. Mr. Tong indi~~d that there were a co~~le of tions; either leave the trailer where proposed or move it over t he right, towards Regional street. The Commission concurred. ~ Cm. Burnham closed ~bliC hear'ng. On motion from C~North (adding a co dition requiring posting of parking restri9tl~n~, and modification f Condition #2 to read "subject to/,eview and approval of the P nning Directorll), seconded by Cm. Bar ~s, and with a vote of 3-0, the commission adopted RESOLUTION NO. 91-0 ING PA 90-050 20/20 RECYCLE CENTER CO ITIONAL USE PERMIT TO OPERATE A REDEMPTION CENTER IN THE PARKIN LOT AREA OF THE PAYLESS/DUBLIN PLAZA SHOPPING CENTER AT 7201 REGIONAL STREET moved around the trailer in a Mr. Hanrath proposed single file._, Cm. Burnham felt that Staf concerns. He had a concern e Applicant could work out the moving the trailer. - 00.-'.-. ~UBJECT: "PA 91-'-005 American citv Truck stoo Conditional Use Permit to '\' Y "oDeratean'existino truck stoo. weiqh scale. lono term storaoe of trucks and ancillarv retail soace located at 6310 Houston Place Cm. Burnham opened the public hearing and asked for the staff report. Mr. Ralph Kachadourian presented the staff report to the Commission. He indicated that the Applicant had concerns with the landscaping requirements. Staff recommended approval of the Conditional Use Permit as shown on the draft resolution of approval. Mr. Fred Houston, Applicant, felt that the landscaping issue had bee~ resolved a long time ago. He submitted pictures to the Commission and indicated that the south/southeast side of the site was where Staff was requiring the additional landscaping. Mr. Houston indicated that he had come before the Commission three years ago requesting a renewal of his Conditional Use Permit. Since that time, there had been several planners working on his project. --------------------------------------------------------------------- Regular Meeting (3-18min] PCM-1991-40 March 18, 1991 ATTACHMEtJT l-- Mr. Houston indicated that trucks block the area where Staff was requiring the landscaping. You would not be able to see the landscaping because of the trucks. He felt that it was a waste of money to add the landscaping. Mr. Houston indicated that he had submitted plans to the Planning staff years ago and showed this particular plan to the Commission. Ee reviewed this site plan with the Commission and indicated that he has been complying with the previous conditions of approval. He felt that the site plan had been approved by the Planning staff. Cm. Barnes requested that approval of the application be continued to the next meeting. She remembered the last approval for this site anc thought that the Commission had requested the landscaping to be put in. Mr. Houston and Cm. North discussed the financial cost to the Applicant if the application was delayed for two weeks. Mr. Houston felt that the landscaping was not needed. He indicated there was also a drainage problem at the area where Staff was requiring the landscaping. Mr. Kachadourian clarified to the Commission that the plans being referred to were approved for Phase I of the project only. Exhibit ~ attached to the Staff Report (page 5) shows both Phase I and II. On this plan it indicates modifications by the Commission in 1986 as shown on Resolution #86-004, Condition ~12 (page 12). Mr. Houston reiterated that the plan he showed to the Co~~ission was the previously approved plan. Ms. O'Halloran clarified to the Commission that there was a letter attached to the plan from Kevin Gailey, the senior planner at the time, indicating that the approval was for Phase I only. Mr. Houston indicated that the approval had been made for a vacant lot. There had been no consideration for the building that was to te constructed. He reiterated that the drainage concern needed to be resolved and requested that the Public Works Department review the issue. Cm. North asked the Applicant if he had informed staff of his concerns. Mr. Houston indicated yes. The planning staff took a long time to respond. Ms. O'Halloran clarified to Cm. North that Staff had not talked to Kevin Gailey. Mr. Tong clarified that the letter attached to the plans indicated that phase I was being approved. It was standard practice for the planning staff to indicate only portions of the project that were being approved. Phase II was not approved. --------------------------------------------------------------------- Regular Meeting [3-18min] PCM-1991-41 March 18, 1991 Cm. Barnes was under the impression that Phase II would have had to come back to the Commission for approval if the landscaping requirement was eliminated or otherwise significantly different from what the Planning Commission approved. She asked Staff if this was correct. Ms. O'Halloran indicated that the item w.ould either have gone back to the Commission or a waiver of the condition of approval would have been required. There had 'been no Site Development Review waiver request or approvals for this site. She clarified that a new Conditional Use Permit for the project was now being considered by the commission. Staff was recommending that the landscaping be approved. Cm. North indicated that the last approval for the project was in 1986. He asked if Staff had notified the Applicant that there were any problems with the site. Mr. Kachadourian indicated that Laura Hoffmeisterr a previous planne~, had notified the Applicant by letter in 1989. Letters were sent on January 10, 1989 and June 23, 1989 indicating that the Applicant was not in compliance with the conditions of approval for his project. Mr. Tong recognized the confusion. He indicated that despite what was previously approved for this project, the Commission was now reviewing a new Conditional Use Permit with new conditions of approval. What had happened in the past was now irrelevant. The Applicant was requesting approval to operate a truck 'stop. Staff was recommending approval of the proposed use with the conditions of approval attached to the staff report. Cm. North asked Staff if the Commission could approve the projectr subject to landscaping requirements being determined at a later date. Mr. Tong indicated that this might cause potential controversy and was not recommended. The conditions of approval should be made very clear. Cm. Barnes opposed approval of the project and requested continuance of the item. Cm. Burnham asked if the Exhibit A site plan was a brand new plan anc asked for clarification on what was before the Commission for approval. Mr. Tong referred to Exhibit A and indicated that Condition #2 was requesting two phases for the landscaping. This allowed the Applicant more time to comply with the condition. Ms. a'Halloran indicated that phase I already existed and maintenance of that area was still required. Condition #2 was approving Phase II. The draft resolution shown as Exhibit B has not been approved; however, staff was recommending its approval. --------------------------------------------------------------------- PCM-199l-42 March 18, 1991 Regular Meeting [3-18min] Mr. Houston indicated that he had a concern with Condition #4 which required the resubmittal of a parking plan with double line striping. He indicated that the stalls were designed for truck parking and were 11 feet wide. He would, however, repaint the existing lines. He asked Staff why double striping was required. Ms. O'Halloran indicated that each parking space should be the same width and the lines helped guide people ,when parking their cars. Cm. North asked if these parking stalls were for trucks or cars. Mr. Tong indicated these parking spaces were designed for cars. There was no need for them to be 11 feet wide. The standard stall for cars was 9 feet. Mr. Houston felt there was no need for double line striping. Cm. Barnes requested continuance of the item and asked that the Commission go out to the site and take a look at the landscaping. Mr. Tong indicated that it would be appropriate to leave the public hearing open and continue the item to the next meeting. The Commission set up a field trip to the site for March 28, 1991, at 10:OO a.m. and continued the item to the April I, 1991 Planning Commission meeting. --- UNFINISHED BUSINESS // ::~E:ong indic ed that'Staff had received - ~ciation card from Ms. Okun and dist 'buted it to the commi~~~~Lt Mr. Tong reminded the mmission th~e Planning Commissioners Institute was on March throu>>r(22nd. Everyone would be meeting in front of the Civic Cente ~7:45 a.m. on March 20th. PLANNING COMMISSIONERS' CONC~RN~~ <,/ '" Cm. Barnes asked Hhat ,,x...ype of approval, were needed for book stores that were within a }arge department stor such as Target. $" Mr. Tong indicat,e'd that Staff \.lQuld consider he entire proj ect. Target Hould b~ considered a department store ~ cause the selling of books Has n~ their major product. For instanc~ou could compare Liquor ~~n with Lucky when selling liquor. ~~ Cm. Barnes indicated that the newspaper bins at the Lu?k~and Al~tson centers Here very sloppy. ~, ~~. Tong indicated Staff would inspect the site. ~~ --------------------------------------------------------------------- Regular Meeting [3-18min] PCM-1991-43 March 18, 1991 Reqular Meetinq - April 1, 1991 A regular meeting of the city of Dublin Planning Commission was held on April 1, 1991, in the Dublin Civic Center council Chambers. The meeting was called to order at 7:30 p.m. by Commissioner Burnham, Chairperson. * * * * ROLL CALL Present: commissioners Barnes, Burnham, North and Rafanelli; Laurence L. Tong, Planning Director; Maureen O'Halloran, Senior Planner; Ralph Kachadourian, Assistant Planner; and Gail Adams, Planning Secretary Absent: Commissioner Zika * * * * PLEDGE OF ALLEGIANCE TO THE FLAG Cm. Burnham led the Commission, staff, and those present in the pledge of allegiance to the flag. ADDITIONS OR REVISIONS TO THE AGENDA None MINUTES OF PREVIOUS MEETING The minutes of March 18, 1991 were approved. ORAL COMMUNICATIONS None WRITTEN COMMUNICATIONS None PUBLIC HEARINGS ~ SUBJECT: PA 91-005 American City Truck Stop Conditional Use Permit to o erate an existina truck stoo,. wei h scale, Ion term storaqe of trucks and ancillary retail space located at 6310 Houston Place (continued from the March 18, 1991 Plannina commission Meetinq) Cm. Burnham asked for the staff report. Mr. Ralph Kachadourian presented the staff report to the Commission. He described the landscaping options Staff was recommending to the Planning commission on the overhead projector. Staff recommended approval of the Conditional Use Permit as shown on the draft resolution of approval attached as Exhibit B of the staff report. --------------------------------------------------------------------- Regular Meeting [4-1min] PCM-1991-45 April 1, 1991 Cm. North asked for clarification on Staff's recommended concrete curbing. Was 10-15 feet required? Mr. Kachadourian clarified that the curbing was required on the southeast portion of the property only. The trucks will be backing up against these wheel stops. The trailer will have an overhang and the curbing prevents the trailer from hitting the fence. Mr. Tong indicated that he had met with Mr Houston that afternoon. Ee had discussed and clarified the various issues of the application. Staff and Applicant were still in disagreement regarding the landscaping and paving repair issues (See Condition #2 and #5). staff had visited-the site and took pictures of the broken gutters and pavement. staff has determined that the gutter and pavement repair was necessary and was the Applicant's responsibility. Cm. North asked for clarification on the double striping of the parking stalls. Mr. Kachadourian referred to the stalls using the overhead projection and indicated that the long-term parking stalls were 11 feet wide and required single striping. The auto parking stalls required double striping. Cm. Barnes referred to option #2 of the landscaping plan. She requested that curb stops be installed. Mr. Kachadourian indicated that language requiring wheel stops could be added to Condition #2. Mr. Houston indicated that in addition to the field trip last Thursday, he had met with Mr. Tong this afternoon to go over some of the issues. Mr. Houston indicated that he had no problems with Condition No.4 and would add the required striping. Mr. Houston felt that the landscaping required in Condition #2 was inappropriate and he could not understand what the benefit would be. He felt that the landscaping plan had been approved five years ago and ,additional landscaping was not needed. He requested that the commission stick with the original landscaping plan. Mr. Houston referred to Condition #5 and indicated that the damage to the street could have been caused by many factors. He felt that the repairs needed for the gutters, sidewalks, and streets were the City's responsibility and should have been taken care of a long time ago. Ee would, however, fix everything on his property. Mr. Houston referred to Condition #6. He indicated that when the repaired the asphalt it caused several different levels to occur. was the City's responsibility to fix this problem. He reiterated he would only fix what was on his property. City It that --------------------------------------------------------------------- PCM-1991-46 April 1, 1991 Regular Meeting [4-1min] Mr. Houston indicated that he had no problems with Conditions #7 through #12. Mr. Houston referred to Condition #13 and indicated that he would paint the weigh station. The building did not need to be painted. Mr. Houston asked for clarification on Condition No. 14 and 15. Mr. Tong referred to Condition #14 and indicated that a solid wall or fencing surrounding the property was required by City ordinance. However, if the Borchers Bros. I fence remained, this would satisfy the condition of approval. The Applicant could remove his fencing if the other fence remained. Mr. Houston indicated he had no problem with Condition #14. Mr. Tong referred to Condition #15 and indicated that the condition was self-explanatory. No outdoor storage of material or equipment was allowed, except for long-term truck storage. Mr. Houston indicated that the other property owners surrounding his site have outdoor storage. Mr. Tong indicated that if the Applicant wanted outdoor storage, he would need to request this in his application. The other property owners have use permits allowing outdoor storage. Mr. Houston indicated that he had no concerns with Conditions #16 through #22. He reiterated that he had concerns with the requirement to add landscaping and the repairing of City property. Cm. Burnham asked for clarification on the street repair. Mr. Tong indicated that the condition of approval was appropriate. It was Staff's position that the damage was caused by the truck stop. Cm. North asked if this was Public Works' opinion as well. Mr. Tong indicated yes. The Planning Commission discussed the outdoor storage concern. Cm. North indicated that it was possible that a truck could be hauling a boat or an additional vehicle and he hatl no problem with this situation. The Commission discussed the possible repair of equipment on the site and asked the Applicant if this was being done. Mr. Houston indicated that some restoration of equipment had been done at the site. Mr. Tong indicated that outdoor repair of equipment was not allowed. --------------------------------------------------------------------- PCM-1991-47 April 1, 1991 Regular Meeting [4-1min] Cm. North asked if the building needed to be painted with a matching color scheme. Mr. Tong indicated that the structures needed to be painted and in good repair. If touch-up paint or a washing would do the job, this was allowable. Cm. Burnham had concern with the repaint.ing requirement. Mr. Tong indicated that the intent was to have properly maintained property. If the buildings only needed to be washed, this would be okay. Condition #13 could be rephrased to emphasize that the buildi~g needed to be in good repair. The Commission concurred that Condition #13 should be reworded requiring that the buildings be repaired up to City standards. Cm. North referred to the landscaping requirement and asked what options were available. Mr. Tong indicated that staff was recommending either Option 1 or 2 shown on Exhibit A. The Commission would need to make a determinaticn as to which option was preferred. Cm. Barnes asked if there was a time limit on the Conditional Use Permit. Mr. Tong indicated that time limits were not required on Conditional Use Permits. There would be a yearly review by the Zoning Investigator which would indicate if the Applicant was meeting the required conditions of approval. Cm. Rafanelli indicated that there seemed to be a litter problem on the site. If the fence-was removed, it would be easier to take care of the property. He felt that the landscaping did not seem too practical. Cm. North felt that Option #1 was not practical. The trucKS would crush the landscaping and there would be no space to unload the trucks. He preferred Option #2. Cm. Barnes preferred option #2. She requested that the fence be removed. This would aid in keeping the litter down. The Commission asked for clarification on Condition #5. Mr. Tong indicated that Staff felt the damage had been caused by the weight of the trucks entering and exiting the facility. The trucks would cause the damage to the gutters and asphalt. Mr. Houston felt that this repair was the City's responsibility. T~e damage was caused by water undermining. Cm. Burnham asked if a trash dumpster and landscape lighting was required. --------------------------------------------------------------------- PCM-1991-48 April 1, 1991 Regular Meeting [4-1min] Mr. Tong indicated yes. Cm. Burnham indicated his preference for the Option #2 landscaping requirement. He requested that bigger truck bumpers be installed as well. Cm. Burnham closed the public hearing. Cm. Barnes preferred option #2 with the larger wheel stops being required as well. Cm. North preferred option #2 with the deletion of the middle landscaping strip. Mr. Tong indicated that corners were not useable space and were easy to landscape. Cm. Rafanelli preferred option #2 with bigger wheel stops, and requested that the fence be removed. He did not feel strongly middle triangle of landscaping. .... on l-ne Cm. Barnes felt that all of the landscaping should be installed as shown in option #2. She suggested that the fence be removed. Mr. Tong indicated that Condition #14 would need to be reworded if the fence was to be removed. He reminded the Commission that if the adjacent property owner decided to remove his fence, the Applicant would need to install a new fence to meet the condition of approval. On motion from Cm. North with the following changes: 1) choosing option #2 landscaping plan (Condition #2) with the deletion of the center corner landscapi~g requirement and adding the larger wheel stops; 2) with modifications to Condition #13 indicating that the structures shall be kept in good repair, and if necessary, repainted to City standards; and 3) modifications to Condition #15 clarifying that items being "trailed" by trucks was allowed), seconded by Cm. Barnes, the Commission adopted RESOLUTION NO. 91 - 022 APPROVING PA 91-005 AMERICAN CITY TRUCK STOP CONDITIONAL USE PERHIT TO OPERATE A TRUCK STOP, WEIGH SCALE, LONG TERM STORAGE OF TRUCKS AND ANCILLARY RETAIL SPACE AT 6810 HOUSTON PLACE ~w OR UNFINISHED BUSINESS NO~ OTHER BUSINE~S----- ~,~ .'I---~-----~-- .~ Mr. Tong indicated that fhe-C~~y Council would be reviewing the Chevron conditional Use Permit/Sit~ Development Review at their next meeting, however the Applicant has reques~d a continuance of the appl:SS;aE"'ion. They may also be reviewing con-senLitems regarding the ~an Canyon and Hansen Hill annexations. --- ----------------------------------------------------~------- Regular Meeting PCM-1991-49 April 1, 1991 [4-lmin] ~ANNING COMMISSIONERS' CONCERNS cm~s thanked Mr. TOng'for being a terrific host at the Planning Commissio~ers Institute. '-.....,,---- Cm. Rafanelli irtdi~ated that he would not be at the next Commission meeting "-"-,.. .-..-------- Cm. Burnham indicatedth~t~the library site was being overwatered and since there was a water shortage, this should be looked into. -- .~......., Mr. Tong indicated that he maintenance crew; however, system...- ' ./ // l\I310URNMENT L There p.m. would mentioned the problem to the the librarY",\ias not on the City's water " being no further business, the meeting was ...,-........ '",- ~', ---... a~ed at --- 8:55 Respectively submLtted, . fijlkm /&1'IJ~~/ ~annlng Commission C~irperson Laurence L. Tong Planning Director --------------------------------------------------------------------- PCM-1991-50 April 1, 1991 Regular Meeting [4-1min] . '. WIA WINNING ACTION INVESTMENTS, INC. RECEIVED APR 1;) 1991 DUBLIN PLANNIN~ April 15, 1991 City of Dubl in Planning Department 100 Civic Plaza Dublin, CA 94568 RE: APPEAL-USE PERMIT 6310 HOUSTON PLACE, DUBLIN PA91-005 ACTS Dear Staff: It is my intention to appeal to the fullest available means to me, condition 4 of PA91-005 Acts. The street, curb, gutter belongs to the City, actually it isn't any where near my property, I believe the City is responsible of maintaining their property. Houston Place is a half street and it is impossible to keep water from seeping under the road. This water has caused the underfill to weaken the asphalt, curb, gutter to the point it couldn't stand truck traffic. The trucks and cars that ran over the road do not belong to me, but to the tax payers of Dublin. I will be glad to explain all details to the City Council and Public Works Department. Sincerely, ...:i:~( /'71o~vJ-~~ FRED L. HOUSTON ATTACHMENT .3 FLH:dm 7080 DONLON WAY, SUITE 208' DUBLIN, CA 94568' 415-828-4253 h'.~"-:;~":.:-'::':';~--:, ,-'>"7>~~~'-:"h_~". . ."_h' -. ..... .... ...:zY'" ~.. . .~ /;! .----.1 f!~ 1~(- ..- .____.",,-.,.....- _....-v......--......-.. . .,.._""'_.~..,........-..,.-.-..."-...-,..~'_.,.-'.,....u~'-...--.....,-... ...._~...._._r_..<...:-~-..<_.'.~~....-...,~.-~--....., ...-",.-.-.,.. - ----~-."'-_.-_.,-.-' --._' . . --- . h....._-.:-.~"'~~. ..~~..~._".~.~___.~_...-1Z€,__~.i?d:_..CZ/-:::oo5':=._;fc I}. . .' ~. I .,.~ ~J~~d /~~.~ /'-VJlck-d5~ .....',.... . __....,_d.._u/~-~-~ '.. ._ ~__ .'...:_...... . '." _~.=___.:____.h.. ..~ ..._.6! --"-- '-l..__I:{ / " j:3 ( .,,--,,'-' .. "''-'1 ,_.~-~._,." _....__.n._. .." .~..~.--_.._~-~~.~'.,-~:-_.-_..--.,,_. '''' >.".,' " . '.'~.=..'==,......' ..' .n....~=.=..=::~~d?; /~/b- ......._.. . ..... ...,. _h..h....... ...n. _ .."....-.--' ... ..".. ou.~ '--. . RECEIVED' . , . 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