HomeMy WebLinkAboutPC Meeting Minutes 04-06-1987
Regular Meeting - April 6, 1987
A regular meeting of the City of Dublin Planning Commission was held on ~
April 6, 1987, in the Meeting Room, Dublin Library. The meeting was called to
order at 7:00 p.m. by Cm. Raley, Chairperson.
* * * *
ROLL CALL
PRESENT: Commissioners Barpes, Petty, Mack, and Raley, Laurence L. Tong,
Planning Director, Kevin J. Gailey, Senior Planner, and Maureen O'Halloran,
Associate Planner.
ABSENT:
Commissioner Burnham.
* * * *
PLEDGE OF ALLEGIANCE TO THE FLAG
Cm. Raley led the Commission, Staff, and those present in the pledge of
allegiance to the flag.
* * * *
ADDITIONS OR REVISIONS TO THE AGENDA
Mr. Tong advised that Robert Enea, the Applicant for Item 8.8, PA 87-018 Enea
Plaza PD, would request the item be continued until the Planning Commission
meeting of April 20, 1987.
* * * *
MINUTES OF PREVIOUS MEETING
On motion by Cm. Mack, seconded by Cm. Barnes, and by a unanimous vote
(Cm Burnham absent), the minutes of the meetings of March 16, and March 19,
1987, were approved as presented.
* * * *
ORAL COMMUNICATIONS
None.
* * * *
WRITTEN COMMUNICATIONS
Mr. Tong indicated that the Commissioners had received one Final Action Letter
in the agenda packet.
Regular Meeting
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April 6, 1987
* * * *
PUBLIC HEARINGS
SUBJECT:
PA 87-018 Enea Plaza PD, Planned
Development Rezoning request.
Mr. Tong advised that Robert Enea, Applicant, had expressed a desire for the
item to be continued until the Planning Commission meeting of April 20, 1987.
Robert Enea, 3470 Mt. Diablo Boulevard, Lafayette, indicated that he was
requesting a continuation until April 20, 1987, as he had only become aware of
the proposed condition relating to street dedication and improvement
(Condition #5) on April 3, 1987, and desired an additional opportunity to
review the proposed condition.
On motion by Cm. Barnes, seconded by Cm. Petty, and by a unanimous vote
(Cm. Burnham absent), Item 8.8, PA 87-018 Enea Plaza, was continued until the
April 20, 1987, Planning Commission meeting.
SUBJECT:
PA 87-024 Schwartz - Second Unit
Conditional Use Permit Request.
Cm. Raley called opened the public hearing and called for the Staff Report.
Ms. O'Halloran advised that the subject request was a Conditional Use Permit
for a second unit consisting of an 98 square foot addition to the existing
family room at 8332 Cavalier Lane. She stated that the request complies with
the City's Second Unit Ordinance. She indicated that Staff was not requiring
the Applicants to apply for a Variance for parking, as they are proposing to
locate one parking space for the second unit in tandem with the two provided
for the principal dwelling unit.
Ms. O'Ha11oran noted that on the previous second unit applications the
Commission had restricted occupancy to handicapped persons or persons 60 years
old or older. She stated in this particular application that all three
property owners (all of whom intend to reside in the units) are under 60 years
of age; the oldest of the three is 56 years old.
Ms. O'Hal1oran said the City Attorney's Office had advised Staff that should
the Commission wish to restrict occupancy of either of the units, the
Commission may lower the age limit to 55 years old, or place the age limit
restriction on tenants of one of the units rather than owner occupants of the
unit. She stated that Staff recommended the Commission adopt the draft
Resolution approving the Conditional Use Permit request.
In response to an inquiry by Cm. Raley, Ms. O'Ha1loran said the City's Second
Unit Ordinance does not set a specific age limit for occupants of second
dwelling units, but that in the past the Planning Commission has required that
occupants of one of the units must either be handicapped or 60 years of age or
older.
Regular Meeting
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April 6, 1987
The Applicant, Darlene Schwartz, was present but did not have any comments.
Cm. Raley closed the public hearing.
Cm. Mack stated her preference to establish the age limit at 55 years.
Cm. Raley expressed concern regarding establishing the age limit at 55 instead
of 60.
Ms. O'Halloran advised that approval of this request would not impact the
Second Unit Ordinance or affect the two previous approvals for second dwelling
units.
On motion by Cm. Barnes, seconded by Cm. Mack, and by a unanimous vote
(Cm. Burnham absent), a Resolution was adopted approving PA 87-024 Schwartz
Second Unit Conditional Use Permit request.
RESOLUTION NO. 87 - 018
APPROVING PA 87-024 SCHWARTZ SECOND UNIT CONDITIONAL USE PERMIT REQUEST
TO ALLOW CONSTRUCTION OF A 98 SQUARE FOOT ADDITION AND CONVERSION
OF THE EXISTING FAMILY ROOM TO A SECOND UNIT A 8332 CAVALIER LANE
SUBJECT:
PA 87-041 Diamond SignsjVista Green
Conditional Use Permit request.
Cm. Raley opened the public hearing and called for the Staff Report.
Ms. O'Halloran advised that the subject request was for a Conditional Use
Permit for a Directional Tract Sign on the northwest corner lot of San Ramon
Road and Silvergate Drive. She stated that the 32 square foot sign is
proposed for the purpose of identifying the name of the Vista Green Single
Family Subdivision and for providing directions for reaching the subdivision.
She indicated that the Applicant has said the Bordeaux Estates sign currently
located on the property would be removed prior to installation of the proposed
sign. She noted that a previous Commission approval of a Vista Green
Directional Tract Sign on San Ramon Road on the parcel adjacent to the Chevron
Service Station required Vista Green Development to file an application and
receive approval for a temporary sales office and model home complex prior to
erecting the sign. She indicated the development had not received approval of
the sales office complex, yet the sign was erected on San Ramon Road. She
also stated that Diamond Signs and Vista Green Development had been informed
the sign must be removed. She further said that a Condition was included in
the draft Resolution which would require that the sales office and model home
complex be approved prior to erection of the proposed sign.
Ms. O'Halloran indicated that neither the Applicant nor a representative of
the Applicant were present.
Cm. Raley closed the public hearing.
Cm. Mack asked for clarification of Condition #1 of the draft Resolution.
Ms. O'Hal1oran explained that the maximum sign area for each sign face would
be 32 square feet. Cm. Mack suggested that the word "sign" in the phrase
"maximum area of 32 sq. ft. on each sign" be changed to "side".
Regular Meeting
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April 6, 1987
Cm. Raley stated that it was his desire to continue action on this item until
the Applicant has fulfilled other obligations related to this project,
including obtaining approval of the sales office and model home complex.
Mr. Tong indicated that it would be possible to continue this item to a
specific date without requiring that it be re-noticed. He said, however, that
if it was not continued to a specific date, it would be necessary to re-notice
this item prior to bringing it back to the Commission for another public
hearing and Planning Commission action.
Ms. O'Halloran advised that an application had been received for the sales
office and model home complex, but Staff is awaiting additional information
related to parking before taking action on the application.
On motion by Cm. Barnes, seconded by Cm. Mack, and by a unanimous vote
(Cm. Burnham absent), Item 8.2, PA 87-041 Diamond SignsjVista Green
Conditional Use Permit request, was continued until the May 4, 1987, Planning
Commission meeting.
SUBJECT:
PA 87-039 Japan Karate Organization
Conditional Use Permit request for a
Karate School.
Cm. Raley opened the public hearing and called for the Staff Report.
Ms. O'Halloran advised that the Applicant has operated a Karate School at the
Murco Center in Dublin for the past seven years, without any zoning
violations. She indicated that the proposal includes the sale of karate
supplies as well as the operation of the School at 6866 Village Parkway. She
reviewed the proposed hours and days of operation.
Ms. O'Halloran indicated that conditions limiting the type of items sold and
prohibiting nuisances on the premise have been included in the draft
Resolution. She advised that Staff recommended the Planning Commission adopt
the draft Resolution approving the Conditional Use Permit for PA 87-039.
Carl Hultin, Jr., Applicant, asked for clarification of Condition #4) c. of
the Draft Resolution. He indicated that the School does not use many chairs
during its operation.
Ms. O'Ha11oran explained that the chairs must have the capability of being
joined together in groups of three to meet the requirements of the Fire Code.
Cm. Raley closed the public hearing.
On motion by Cm. Mack, seconded by Cm. Petty, and by a unanimous vote
(Cm. Burnham absent), a Resolution was adopted approving PA 87-039 Japan
Karate Conditional Use Permit request.
RESOLUTION NO. 87 - 019
APPROVING PA 87-039 JAPAN KARATE ORGANIZATION CONDITIONAL USE PERMIT REQUEST
TO OPERATE A KARATE AND MARTIAL ARTS INSTRUCTION SCHOOL
AT 6866 VILLAGE PARKWAY
Regular Meeting
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April 6, 1987
It was noted that the Applicant for Item 8.2, PA 87-041 Diamond SignsjVista
Green Conditional Use Permit request, had arrived. Cm. Raley advised that
this item had been continued until May 4, 1987, and said following action on
Item 8.4, he would give the Applicant an opportunity to speak regarding Item
8.2.
SUBJECT:
PA 87-042 Bedford Properties/Gold's Gym
Conditional Use Permit request.
Cm. Raley opened the public hearing and called for the Staff Report.
Mr. Gailey advised that the proposed Conditional Use Permit request was to
allow the establishment of a Commercial Recreational Facility (Gold's Gym _
Exercise Studio) within the Sierra Trinity Business Park. He indicated that
the Business Park is one-half occupied. He stated that land uses for the
subject property are controlled by the PD, Planned Development District
covering the site, which was authorized in 1985. He indicated that the
proposal was consistent with the intent of the M-l, Light Industrial District
and was also consistent with the specific Conditions established by the PD,
Planned Development District approval.
Mr. Gailey indicated that the proposed location of the Studio (opposite the
Pot Belly Deli) was considered appropriate by Staff and that adequate parking
would be available at the site. He said the proposed location would serve to
mitigate potential problems of mixing the proposed use with existing or future
land use activities of a heavier, more industrial nature.
Mr. Gailey advised that Staff was recommending the permit be approved for a
specific time frame, and that a condition be imposed allowing for a review of
the permit after the one-year anniversary of initial occupancy to determine
compliance with the Conditions of Approval, as well as the Findings and
General Provisions established for the Sierra Trinity Business Park PD,
Planned Development District (PA 85-032).
In response to an inquiry by Cm. Raley, Mr. Gailey stated that the primary
difference between the subject proposal and the location of a church facility
in an M-l, Light Industrial District is the number of people involved with the
use. He said that although there is a direct correlation between the proposed
use and the Eagle I s Nest Church operation in regards to "places of assembly",
the gym would not draw the same number of people during peak business hours.
Mr. Gailey stated that the proposed use would serve the need of the employees
in the immediate vicinity. He said it was Staff's opinion that the proposed
use would be more compatible with surrounding uses than would a church
activity. He also indicated that typically, in other cities, this type of use
has been considered acceptable in comparable districts.
In response to an inquiry by Cm. Petty, Mr. Gailey advised that the current
proposal would utilize three suites, and that the assembly area was proposed
at 5,300 square feet. He said the proposed area of assembly would need to be
decreased to approximately 4,500 square feet to avoid application of extensive
Building Code requirements.
Sharon Slater, representing Bedford Properties, stated that she thought Staff
had adequately represented Bedford's reasons for wanting to include the
proposed use in the Trinity Business Park. She said she thought that when the
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April 6, 1987
Building Official reviewed the equipment and layout of the proposed gym, he
may determine that the square footage allocated for the area of assembly may
not need to be reduced.
Mr. Gailey explained that the action required by the Commission did not
concern the Building Code requirements, but rather the land use activity. He
said if the Applicant could demonstrate areas which would not be utilized for
assembly, the Building Official may deduct those areas from the total square
footage calculation for "place of assembly".
Ms. Slater reminded the Commission that exercise classes were not proposed by
the Applicant, but that individual equipment would be installed for individual
use. Ms. Slater introduced Steve White, Coldwell Bankers, who is assisting
with the Gold's Gym project.
Mr. White expressed concern regarding Conditions #8 and #9, page 2 of the
Conditions of Approval, which recommended application of a one-year review
period and an expiration date of the permit on April 16, 1990. He said the
tenant was seeking a seven-year lease of the property. Mr. White asked if it
would be possible to have the termination of the permit extended to coincide
with the termination of the lease.
Mr. Gailey explained that Conditional Use Permits are typically established
with three-year, four-year or five-year time limits, and that the longer time
limit is usually established for new structures. He said it would be very
unlikely at the end of the permit period, if no problems had occurred during
that time frame, that the extension would be denied. He also clarified that
prior to the expiration of the permit, it would be necessary for the Applicant
to submit a new Conditional Use Permit application and that the same process
would be followed as for the subject application.
Mr. White stressed that it was his desire the Planning Commission consider
extending the permit period to 1995, or as far beyond 1990 as possible.
In response to an inquiry by Cm. Petty, Mr. Gailey verified that the
expiration date for the Eagle's Nest Conditional Use Permit had been extended
for a brief period to accommodate the lease term.
Responding to a question by Cm. Raley, Ms. Slater advised that Bedford
Properties would pay for the cost of the tenant improvements related to the
proposed project, and that the total cost could be as high as $190,000.
Mr. Gailey suggested that it may be possible to provide for an administrative
extension at the Staff level by modifying Condition #9 of the proposed
Conditions of Approval.
On motion by Cm. Petty, seconded by Cm. Barnes, and by a unanimous vote
(Cm. Burnham absent), a Resolution was approved adopting a Negative
Declaration of Environmental Significance concerning PA 87-042 Bedford
Properties - Gold's Gym.
Regular Meeting
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April 6, 1987
RESOLUTION NO. 87 - 020
ADOPTING A NEGATIVE DECLARATION OF ENVIRONMENTAL SIGNIFICANCE
CONCERNING PA 87-042 BEDFORD PROPERTIES - GOLD'S GYM -
REQUEST FOR A COMMERCIAL RECREATION FACILITY (EXERCISE STUDIO) -
CONDITIONAL USE PERMIT REQUEST - 6735 SIERRA COURT
On motion by Cm. Petty, seconded by Cm. Barnes, and by a unanimous vote
(Cm. Burnham absent), a Resolution was adopted approving PA 87-042 Bedford
Properties - Gold's Gym, with a modification to Condition #9, permitting an
extension of up to two additional years through an administrative review by
Staff.
RESOLUTION NO. 87 - 021
APPROVING PA 87-042 BEDFORD PROPERTIES - GOLD'S GYM - REQUEST
FOR A COMMERCIAL RECREATIONAL FACILITY (EXERCISE STUDIO)
CONDITIONAL USE PERMIT REQUEST, 6735 SIERRA COURT
SUBJECT:
PA 87-041 Diamond Signs, Inc.jVista Green
Directional Tract Sign - Conditional Use
Permit.
For the benefit of the Applicant, who had arrived late, Cm. Raley explained
that the public hearing would not be re-opened. He said that a condition had
been placed on the previously approved sign which had been installed near San
Ramon Road and Dublin Boulevard, requiring approval of the sales office and
model home complex prior to installation of that sign. Because that condition
had not been fulfilled,Cm. Raley advised that it was the consensus of the
Commission to continue the current application until the May 4, 1987, Planning
Commission meeting to insure that the previous condition is met.
Ms. O'Halloran verified that Castle Construction had submitted the application
for a sales office and model home complex, and had been notified that
additional information is needed to complete that application.
SUBJECT:
PA 87-023 Automation Electronics
Corporation - Tentative Parcel Map.
Cm. Raley opened the public hearing and called for the Staff Report.
Mr. Gailey advised that the Applicant is requesting approval of a Tentative
Parcel Map to subdivide a 5.l~ acre property into two parcels, one parcel
proposed at 2.25~ acres and the other at 2.88~. He indicated that approval of
the proposed subdivision should be conditioned upon the establishment and
recordation of appropriate cross vehicular and pedestrian access agreements
and cross utility agreements between the proposed parcels. He stated that the
Draft Conditions of Approval reflect the requirements recommended by
appropriate public agencies who had reviewed the proposed project.
Mr. Gailey stated that Staff had checked the site and verified that the
landscaping work along the south side of Automation Electronics (1-580) is
still incomplete, but that the bulk of the work, if not all of it, has been
completed in the area known as Phase 2. He said Staff was recommending that a
Regular Meeting
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April 6, 1987
new Condition be incorporated into the Draft Conditions related to on-going
maintenance responsibility for the landscaping within the 1-580 right-of-way.
Buck Wilson, President of Automation Electronics Corporation, indicated that
the landscaping on the Caltrans property could not be completed until Ca1trans
has given approval of the materials to be utilized. He referred to a letter
submitted by Automation Electronics which stated their agreement to maintain
the landscaping on an on-going basis.
Mr. Gailey said the letter to which Mr. Wilson referred was a Landscaping,
Irrigation, Maintenance Agreement, which is typically a separate process.
Cm. Raley asked if that Agreement could be considered adequate or if an
additional, separate condition would be necessary. Mr. Gailey responded that
it was Staff's feeling that although Condition #4 of the Draft Conditions of
Approval tied approval to previous Conditions of Approval for the Automation
Electronics Corporation project, a vague area still existed related to who has
the responsibility for maintaining the l~ acre belonging to Caltrans. He said
the addition of a new Condition would serve to clarify the area of respon-
sibility for the record.
Mr. Tong indicated that the proposed Condition would clarify which parcel
owner would be responsible for maintaining the landscaping adjacent to 1-580.
Mr. Wilson asked if it would be appropriate to tie the maintenance to the
ownership of the parcel. Mr. Gailey responded that Staff was not referring to
the common area along Dublin Boulevard. Mr. Wilson stated that he thought it
would be inappropriate to request the owner of Parcel 1 to maintain land
adjacent to Parcel 2. Mr. Gailey clarified that the landscaping strip which
lies within the 1-580 right-of-way was adjacent to Parcell.
Cm. Raley closed the public hearing.
Mr. Tong advised that the specific form of any cross access agreement would
have to be reviewed by the City Attorney's Office.
On motion by Cm. Mack, seconded by Cm. Petty, and by a unanimous vote
(Cm. Burnham absent), a Resolution was adopted approving PA 87-023 Tentative
Parcel Map - Automation Electronics Corporation, contingent upon the addition
of a new Condition which would require recordation of documents establishing
the responsibility for on-going maintenance of landscaping, irrigation, and
drainage improvements within the adjoining section of the Dublin Boulevard
right-of-way and the portion of the 1-580 right-of-way landscaped through an
encroachment permit, and which would require that those documents be reviewed
and approved by the Planning Director and City prior to recordation.
RESOLUTION NO. 87 - 022
APPROVING PA 87-023 TENTATIVE PARCEL MAP -
AUTOMATION ELECTRONICS CORPORATION
Regular Meeting
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April 6, 1987
SUBJECT:
PA 87-010 Lew Doty Cadillac Conditional
Use Permit request.
Cm. Raley opened the public hearing and called for the Staff Report.
Ms. O'Halloran advised that in addition to vehicle sales and serv1c1ng, the
Applicant had requested approval for the rental of vehicles in an M-l, Light
Industrial District, at 5787 Scarlett Court. She reviewed the proposal as
outlined in the Staff Report dated April 6, 1987. She said Staff recommended
the Applicant increase the size of the customer parking area to conform with
the City's standard parking space dimensions. She also indicated that if
detergents are utilized in the washing of vehicles, it would be necessary for
the washing to occur within an enclosed building with appropriate drainage,
including a grease and sand trap, which would be subject to DSRSD approval and
fees.
Ms. O'Hal1oran stressed that the site and existing building are not
appropriately designed for the purpose of retail auto sales or display, and
that modifications to the proposed site improvements and the structure would
be required to insure compatibility between the auto-truck repair and
servicing uses and the auto display and retail sales use. She said Staff
recommended that the retail auto sales and display use not be included with
the proposed application approval, and that the Applicant be required to apply
for a separate Conditional Use Permit and Site Development Review for that
purpose. She said Staff also recommended the Applicant submit for review and
approval a signing and striping plan which would provide direction to the
public for vehicle access, parking and pedestrian walkways on site.
Steve Rzepiela, General Manager of Lew Doty Cadillac, expressed concern
related to Condition #1. b. Ms. O'Ha11oran explained that the site was not
designed for a retail sales use, and the structure is not consistent with
other automobile dealerships within the M-l District, and that Staff would
recommend a new Conditional Use Permit and Site Development Review application
be submitted, which would address such issues as circulation, separation of
customer and service-type uses, and related information. She said that rather
than deny the current application outright, Condition #1. b. would deny
without prejudice the automobile retail sale or display use, permitting the
Applicant to file the appropriate application.
Cm. Raley advised Mr. Rzepiela that Staff would not be in a position during
the course of the meeting to advise the Applicant of all that would be
required to secure approval for the retail sales/display use.
Mr. Tong clarified that the existing structure is a metal shed, with metal
siding and a metal top, which was originally designed as an automobile repair
facility. He stated Staff believes it would be inappropriate to use the
existing metal structure as a showroom, and would like to receive plans for a
more traditional upgraded facility for that purpose. In addition, he said
Staff wants to review site plans which would show a layout designating
exterior storage and the separation between that and the new and used car
sales area.
In response to Cm. Raley, Mr. Rzepiela indicated that at the current Doty
showroom site, customer parking is located just beyond the service entrance
and management is continually trying to keep the area available.
Regular Meeting
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April 6, 1987
Cm. Raley closed the public hearing.
Cm. Mack requested that the title of the draft Resolution be modified to refer
to the wholesale of vehicles.
On motion by Cm. Mack, seconded by Cm. Petty, and by a unanimous vote
(Cm. Burnham absent), a Resolution was adopted approving PA 87-010 Lew Doty
Cadillac Conditional Use Permit, contingent upon modification to the title.
RESOLUTION NO. 87 - 023
APPROVING PA 87-010 LEW DOTY CADILLAC CONDITIONAL USE PERMIT REQUEST
FOR WHOLESALE OF VEHICLES, VEHICLE STORAGE AND SERVICE
IN THE M-l ZONING DISTRICT AT 5787 SCARLETT COURT
Ms. O'Halloran reiterated that the approval of this application did not
include retail sale or display of automobiles.
SUBJECT:
PA 87-026.1 and .2 Sleep Shop, Ltd./Bel
Leasing Conditional Use Permit and Site
Development Review requests.
Cm. Raley opened the public hearing and called for the Staff Report.
Mr. Gailey advised that the Conditional Use Permit and Site Development Review
applications were for the proposed refurbishing and occupancy of the 6,375~
square foot existing single story commercial building at 7364 - 7372 San Ramon
Road, which lies within Area 3 of the San Ramon Road Specific Plan. He
displayed a location map and discussed properties surrounding the subject
property.
Mr. Gailey stated that the most important item to be addressed in conjuction
with the subject proposal was the identification and application of interim
and ultimate driveway improvements to assure the project will be consistent
with development criteria established by the San Ramon Road Specific Plan.
Because the subject proposal involves an existing structure instead of a new
structure, Mr. Gailey indicated that it could be processed as a Conditional
Use Permit/Site Development Review application and that the existing zoning
would be retained. He said the existing structure is a single-story
commercial building, partially occupied and 6,375 square feet in size. He
stated that the structure is located within the seismic setback zone, and may
partially straddle the fault trace. He said as long as the improvements do
not exceed 50% of the current value of the structure, the project proposal
will be exempt from the provisions of the Alquist-Priolo Special Studies Zone
Act.
Mr. Gailey referred to the Moret property, which had recently been subject to
a Specific Plan Amendment Study, but for which no permits have been secured.
He indicated that the shared driveway will be established in conjunction with
the construction of The Fishery Restaurant. He advised that the grading
permit has been issued for the Fishery, and that a building permit may be
issued within the next few weeks.
Mr. Gailey reviewed the Draft Conditions of Approval, specifically calling
attention to the following:
Regular Meeting
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April 6, 1987
Condition #4: Mr. Gailey advised that, unlike The Fishery, the project
proponent for the Sleep Shop had indicated he was not interested in securing
the excess area for right-of-way. Mr. Gailey indicated since the required
parking can be provided on the north side of the building, on-site. Since the
only use of the right-of-way is as a driveway, the Applicant had indicated he
was not in a position to purchase that excessive right-of-way.
Condition #6: Mr. Gailey suggested that this Condition be clarified to
indicate that the Developer be responsible for a pro rata share of the costs
of improvements outlined in this Condition if he is unable to secure necessary
approvals for the installation of paving, curbing and landscaping along the 28
foot access easement.
Conditions #15, #16 and #17: Mr. Tong recommended that language be
incorporated into these Conditions that would provide for on-going maintenance
of landscaping and irrigation installed within the public right-of-way.
Condition #36: Mr. Gailey indicated that at the beginning of the meeting, a
memorandum was distributed suggesting that a new Condition be added following
Condition #35, relating to a requirement that a Certificate of Insurance be
supplied which would address potential liability problems for the City which
could occur as a result of the fact that a percentage of the proposed
project's vehicular driveway network would be established within the City-
owned right-of-way for San Ramon Road.
Mr. Gailey advised that it was Staff's recommendation that the Planning
Commission adopt a Resolution approving a Negative Declaration of
Environmental Significance and a Resoltuion approving the Conditional Use
Permit and Site Development Review applications.
Michael Perkins, Applicant, inquired if, when the Nichandros property comes up
for review, Staff would have the owner clean up the parking lot and provide
approval to permit cars to cross his parking area, as well as to require
additional improvements to the driveway to provide improved cross vehicular
traffic. Mr. Perkins stated that he did not want to relinquish an improved
driveway for an unimproved one.
Mr. Gailey explained that it was Staff's desire to m1n1m1ze the number of
driveways on San Ramon Road. He said one option would be to modify the
Conditions by including language which would state that the existing driveway
will not be closed until: 1) the Moret/Fishery driveway is in place, 2) all
cross vehicular access easements are in place, and 3) the driveway across the
Nichandros property serving the Sleep Shop property has been improved to an
acceptable status. Mr. Gailey said his concern would be related to who would
have the responsibility for paying for the improvements.
Mr. Gailey suggested it may be appropriate to note for the record that The
Fishery has indicated they will do off-site re-paving to improve their access.
He said the The Fishery off-site improvements would make it possible for
vehicular traffic to pass from the front to the rear of that property.
Mr. Perkins expressed concern related to the recommended expiration date of
the subject application as indicated in Condition #1.
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April 6, 1987
Mr. Gailey discussed the PD, Planned Development Rezoning process which The
Fishery went through to obtain approval for that project. He said the process
for the Sleep Shop application was simpler because the structure to be
utilized already exists, but that because the process involves approval of a
Conditional Use permit,a,specified time frame for the permit must be
established.
Mr. Perkins stated that he was looking for a long-term investment, not just
one for the duration of three years. He said he anticipated a l5-year period
of operation, and did not want the risk exposure related to a three-year
expiration date.
Cm. Raley said it would not be possible for the Planning Commission to provide
Mr. Perkins with a guarantee for approval beyond that which is approved for
the current permit.
Mr. Gailey advised that it may be possible for the Commission to consider two
other options acknowledging that although the subject application was for a
Conditional Use Permit, the circumstances are slightly different than most
others as the proposed land use activity is not in question. He said the
first option was to deviate from the three- to five-year rule usually applied
by the Commission for Conditional Use Permits. He said a second option was
for the Applicant to file a PD, Planned Development Rezoning application,
going through that process while the Conditional Use Permit is in effect.
Mr. Perkins requested that the Commission extend the approval period for the
permit as long as possible.
Mr. Tong clarified the reasons for establishing a three- to five-year time
limit for Conditional Use Permits. He said that Staff has found the three- to
five-year time frame works well in a rapidly changing community in that it
gives the Planing Commission an opportunity to review the use and determine if
there are additional conditions which should be applied to resolve problems
which may have developed during the period of the permit. He indicated that
historically the Planning Commission has lengthened the time frame if no
problems have developed after the initial period of time. He also indicated
that the time frame serves to provide Applicants with an incentive to comply
with Conditions of Approval applied to specific projects. Mr. Tong advised
that during the five years since the City has been incorporated, very few
requests for renewal of Conditional Use Permits have been denied, and those
that were denied were as a result of failure on the Applicants' part to comply
with the Conditions of Approval.
Mr. Lemm, Bel Leasing, said he thought the subject Conditional Use Permit
request differed from usual Conditional Use Permits because the actual use
proposed is a permitted use.
Cm. Raley closed the public hearing.
On motion by Cm. Barnes, seconded by Cm. Petty, and by a unanimous vote
(Cm. Burnham absent), a Resolution was approved adopting a Negative
Declaration of Environmental Significance for PA 87-026.1 and .2 Sleep Shop
Ltd./Bel Leasing.
Regular Meeting
PCM-7-77
April 6, 1987
RESOLUTION NO. 87 - 024
ADOPTING A NEGATIVE DECLARATION OF ENVIRONMENTAL SIGNIFICANCE CONCERNING
PA 87-026.1 AND .2 SLEEP SHOP LTD./BEL LEASING - CONDITIONAL USE PERMIT
AND SITE DEVELOPMENT REVIEW APPLICATIONS, 7364 - 7372 SAN RAMON ROAD
Mr. Perkins reminded the Commissioners that the Sleep Shop Ltd. had operated
in the City of Dublin for the past nine years with no violations. Mr. Tong
confirmed that the City has no record of any previous zoning violations for
the Sleep Shop Ltd.
On motion by Cm. Mack, seconded by Cm. Barnes, and by a unanimous vote
(Cm. Burnham absent), a Resolution was adopted approving PA 87-026.1 and .2
Sleep Shop Ltd./Bel Leasing, with the following modifications to the Draft
Conditions of Approval:
Condition #1: The approval period was extended to April 16, 1992.
Condition #6: Language was added, assigning to the Developer a responsibility
for a pro rata share of the costs of improvements once necessary approvals for
the improvements specified in this Condition are obtained.
Conditions #15, #16 and #17: A statement was added assigning to the Developer
the responsibility for the on-going maintenance of the improvements installed
within the public right-of-way.
Condition #36:
distributed by
the Conditions
The language proposed contained within the memorandum
Staff at the commencement of the meeting was incorporated into
of Approval as Condition #36.
RESOLUTION NO. 87 - 025
APPROVING PA 87-026.1 AND .2 SLEEP SHOP LTD./BEL LEASING
CONDITIONAL USE PERMIT AND SITE DEVELOPMENT REVIEW APPLICATIONS,
7364 - 7372 SAN RAMON ROAD
* * * *
NEW BUSINESS OR UNFINISHED BUSINESS
SUBJECT:
Dublin Downtown Specific Plan and
Associated General Plan Amendment
Mr. Tong indicated that at the Planning Commission meetings on March 16 and
19, 1987, a public hearing was held regarding the Dublin Downtown Specific
Plan and Associated General Plan Amendment. He advised that the modifications
recommended by the Commission at the March 19th meeting were incorporated into
the draft Resolutions.
On motion by Cm. Barnes, seconded by Cm. Mack, and by a unanimous vote
(Cm. Burnham absent), a Resolution was approved recommending adoption of a
Negative Declaration concerning the Dublin Downtown Specific Plan and
associated General Plan Amendment.
Regular Meeting
PCM-7-78
April 6, 1987
RESOLUTION NO. 87 - 026
RECOMMENDING ADOPTION OF A NEGATIVE DECLARATION CONCERNING
THE DUBLIN DOWNTOWN SPECIFIC PLAN AND ASSOCIATED GENERAL PLAN AMENDMENT
On motion by Cm. Petty, seconded by Cm. Mack, and by a unanimous vote
(Cm. Burnham absent), a Resolution was approved recommending adoption of the
Dublin Downtown Specific Plan and associated General Plan Amendment.
RESOLUTION NO. 87 - 027
RECOMMENDING ADOPTION OF THE DUBLIN DOWNTOWN SPECIFIC PLAN
AND ASSOCIATED GENERAL PLAN AMENDMENT
* * * *
OTHER BUSINESS
Mr. Tong advised that the draft Fire Safe Roofing Ordinance and a draft
Ordinance prohibiting Sleeping in Vehicles would be presented at the City
Council meeting to be held on May 13, 1987.
* * * *
PLANNING COMMISSIONERS' CONCERNS
There was discussion regarding the number of phone calls received by the
Commissioners and Staff questioning a newspaper article which stated that
Dublin would be "painting the town greenll.
* * * *
ADJOURNMENT
There being no further business, the meeting was adjourned at 9:30 p.m.
* * * *
Respectfully submitted,
~:!::o
Planning Director
rperson
* * * *
Regular Meeting
PCM-7-79
April 6, 1987