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HomeMy WebLinkAbout04-27-1999 PC MinutesA regular meeting of the City of Dublin Planning Commission was held on Tuesday, April 27, 1999, in the Dublin Civic Center City Council Chambers. Chairperson Jennings called the meeting to order at 7:00. ROLL CALL Present: Commissioners Jennings, Johnson, Hughes, Musser, and Oravetz; Eddie Peabody Jr., Community Development Director; Dennis Carrington, Senior Planner; Buzz Kalkowski, Assistant Planner; and Gaylene Burkett, Recording Secretary. PLEDGE OF ALLEGIANCE TO THE FLAG Cm. Jennings led the Commission, Staff, and those present in the pledge of allegiance to the flag. The minutes from the April 13, 1999 were approved as submitted. ADDITIONS OR REVISIONS TO THE AGENDA - Mr. Peabody introduced Andy Byde as the new Associate Planner. ORAL COMMUNICATIONS - None WRITTEN COMMUNICATION - A Presentation on the Clean Water Program was given by Robert Hale, Chairman of Management Committee of Alameda County Clean Water Program. He briefed staffon what was happening in the clean water program. He gave a slide presentation and explained how the clean water act was started. He stated that the City has a responsibility to comply with the program. What the City is required to do under the terms of the permit would be to prohibit non-storm water from being discharged into the creeks; and to reduce pollutants that are put into those discharges to the maximum extent practicable. He explained how to prevent pollutants from getting into the storm water such as erosion controls, and preventing wet season grading. He stated that by not developing near the edge of the creek, will help provide cover habitat and food that the wildlife needs. In Castro Valley there are a number of places that have built houses right up to a creek and there is no place to channel the floodwaters. By maintaining the distances from the sensitive areas in the process of developing it will be a great help. He thanked staff and asked if anyone had any questions. Cm. Musser asked what are they doing with existing development. Mr. Hale said that is tough because they don't want to go back and tell people they have to change what's there. Ifa site is redeveloped, they have a chance to improve things; otherwise it is a missed opportunity. Mr. Peabody stated it is getting more difficult to provide mechanisms where storm water can be retained when building on 3,000 square foot lots. It is economics vs. what would be ideal to solve these problems. Planning Commission 54 April 27, 1999 Regular Meeting Mr. Hale stated that they were required to do these measures by the Regional Water Board. He feels it is better to do it on a development basis. Cm. Musser asked for a copy of the standards. Mr. Hale said the standards were handed out in the packet to the Commissioners. Cm. Musser asked ifthey have been formerly adopted. Mr. Hale responded yes and the Planning Commission has the discretion of which one to apply to Dublin. He stated that he would leave a copy of the Storm Water Management Plan. Cm. Jennings asked about the services the City chooses on how the standards are met. Mr. Peabody stated that when the City does development review, Public Works would look at the project and make recommendations on how these standards can be met. The City has a Creek Restoration Plan that requires the set back of 100 feet from Tassajara Creek on either side. Each time the City gets a new project, staffaddresses these issues. Cm. Johnson asked what type of advertising is done on this subject. Mr. Hale stated a few years ago they did some billboards; there is also a radio advertising campaign. Mr. Peabody thanked Mr. Hale for making the presentation and leaving information on the subject. PUBLIC HEARING 8.1 PA 99-006, Hands On Healing Therapies Conditional Use Permit (CUP) to establish a Massage Establishment located at 7000 Village Parkway, Suite #6. Cm. Jennings asked for the staff report. Mr. Peabody introduced Buzz Kalkowski, Code Enforcement Officer and Assistant Planner. Mr. Kalkowski presented the staffreport. He stated that the applicant Maria Theresa Shehata is applying for a CUP for her business, Hands On Healing Therapies, located at 7000 Village Parkway, Unit 6. She is the sole person performing the massages, and there will not be any other employees. The hours of operation will be 9:00 a.m. to 8:00 p.m., Monday through Friday, 9:00 a.m. to 5:00 p.m. on Saturday, and closed on Sundays. The zoning is C-2 General Commercial and the General Plan is Retail Office and Automotive. Dublin Municipal Code, Chapter 4.20, Massage Establishments and Massage Services, requires a massage therapist to obtain a Massage Establishment Permit and a Massage Services Permit from the Dublin Police Department. The applicant has applied for both the Massage Establishment and Massage Services permits. Sgt. Hillman of the Dublin Police stated that the Massage Services Permit was issued March 24, 1999, and that the Massage Establishment permit will be issued upon the applicant receiving the required Conditional Use Permit approval. Staffrecommends approval of the CUP. The proposed Massage Establishment use should not generate any significant traffic. The office space has approximately 144 square feet of area. The 7000 Village Parkway complex has 70 parking spaces within its parking lot. The maximum requirement of 3 spaces should be adequately met. Staff finds the proposed Massage Establishment land use operation is appropriate for its location, which has adequate access, on-site parking, and cimulation and recommends approval of the project. He concluded his presentation. Cm. Oravetz asked what will happen if the applicant wants to enlarge the establishment. Planning Commission 55 April 27, 1999 Regular Meeting Mr. Peabody stated she would not need to come back before the City unless there were significant issues such as parking. The CUP runs with the land. Cm. Jennings asked the Applicant if she wanted to make any comments. Ms. Shehata stated that she is available for questions. Cm. Jennings asked Ms. Shehata if she is familiar with the Millennium Spa on Village Parkway. Ms. Shehata stated that she is not familiar with that establishment. Her therapy is purely therapeutic and related to nervous system and things that impact the physical parts of the body. Cm. Musser asked if the Police Department had completed a background check. Mr. Kalkowski responded yes, and the massage permit has been issued. Cm. Musser asked if other tenants had been notified. Mr. Kalkowski stated a Public Hearing Notice was sent to everyone within a 300-foot radius. Cm. Jennings said she visited the Millennium message therapist and she was not busy. She asked if there are any rules on how many massage establishments the City could have. Mr. Kalkowski responded no. On motion Cm. Musser, seconded by Cm. Johnson, and with a vote of 5-0, the Planning Commission unanimously adopted RESOLUTION NO. 99 - 18 APPROVING PA 99-006 HANDS ON HEALING THERAPIES CONDITIONAL USE PERMIT REQUEST TO ESTABLISH A MASSAGE ESTABLISHMENT WITHIN A 144 SQUARE FOOT TENANT OFFICE SPACE LOCATED AT 7000 VILLAGE PARKWAY, SUITE # 6. 8.2 PA 99-002, John's European Auto Service, Conditional Use Permit (CUP) for an automobile/vehicle storage lot. This request is to allow an automobile/vehicle storage lot at 6289 Dougherty Road. Cm. Jennings asked for the staff report. Dennis Carrington presented the staffreport. He gave a brief history of the project. This will legalize a long established storage yard at the rear of the property. It is adjacent to American Building Components owned by Mr. Omemik. He spoke with the applicant, who informed him that it has been used for automobile storage since 1994. A CUP is necessary in the PD Zone that the property is located in. The PD will allow C-2 and M-1 land uses with a CUP. He stated staff recommends approval of the project. Cm. Jennings asked the Applicant, Annette Wahlgren if she had any comments. Planning Commission 56 April 27, 1999 Regular Meeting Cm. Hughes had a question for staff. He asked if this is the same area that was addressed awhile back and a recommendation was made for a rezone. Mr. Carrington responded yes; it is in the All Aboard General Plan Amendment Area. Cm. Hughes said the C-2; M-1 zoning is likely to be changed in the future to Office and Residential by the City Council. Mr. Peabody stated this land is Office Retail/Multi-Family, Medium High Density is the General Plan Designation. Both Office Retail/Multi Family would be a permitted on Mr. Wrights property as well as Mr. Omemik's. Mr. Carrington stated that Mr. Wright's property is not for sale at the present time; the zoning may not change from the present use for many years. The City does not know what their business plans are. Cm. Hughes asked if the property was up against Iron Horse Trail. Mr. Carrington responded yes. Cm. Musser asked if the proposed use conforms to the recent approval for All Aboard. Mr. Carrington stated yes. Cm. Hughes stated it would still require a CUP. Annette Wahlgren, Applicant was available for questions. She stated the area is fenced, slatted and usually locked. Most of the cars are long term projects awaiting service. Cm. Jennings asked if they were planning to open a car lot. Mrs. Wahlgren stated no. Cm. Hughes asked if a CUP is granted and the area changes will the site stay the same. Mr. Peabody stated yes. Cm. Jennings asked what the process is for annual reviews on a CUP. Mr. Peabody said an annual review is done for CUP's to make sure they are being operated in the fashion of which they were approved. If they do not follow their conditions as approved the CUP could be revoked. Cm. Hughes asked why this application is being presented to the Planning Commission now, if it has been operating since 1994. Mr. Carrington stated the Applicant was not aware a CUP was necessary until the adjacent property was in violation of similar regulations. Cm. Oravetz asked if it could be conditionally approved and possibly changed in the future? Does the City want to tie their hands with this use and what if it does not fit in with the new Dublin image? Cm. Hughes asked if there could be a sunset clause in the CUP? Planning Commission 57 April 27, 1999 Regular Meeting Mr. Peabody stated no, not ~vithout the permission of the property owner. There are time limits on occasion but most CUP's run strictly with the land, until market fomes change. The City does not put time limits on CUP's Cm. Hughes stated that if it became an issue of the CUP being denied by the Commission unless there is such a requirement. He would be in favor of granting the CUP with a five-year time limit. Ifa developer wanted to put in a large residential project, they may think twice with the automotive use there. Cm. Oravetz agreed with Cm. Hughes. He does not want to give them a CUP forever. Cm. Jennings asked if there is going to be that many changes to the area, does the Commission feel John's European would still be there. Cm. Musser stated not realistically. He stated that he drove by the site and the cars were not visible from the street. Cm. Hughes stated that the cars being visible is not an issue. The site is up against the ABC site, which is a large site. If the ABC site comes up for sale and a developer wants to put in a residential project, they might not be able to do so because of the auto use. Mr. Carrington stated Archstone Properties is proposing to develop that property and is looking at an apartment complex of 177 units. Mr. Peabody stated the City Council discussed this issue and their decision was to have the property zoned for retail, office and multi family. It was not the intent of the Council to change the zoning on Mr. Wright's property. Staff has been following the direction from City Council on the appropriate use for the property. Cm. Hughes asked if Archstone is interested in acquiring any of the adjacent land. Mr. Carrington said yes, he looked at the Southern Pacific Right of Way that is for sale but could not come to terms with them. Cm. Hughes stated that there is an interest from developers wanting to build a residential project. He feels the land is too valuable to tie up that comer indefinitely. Cm. Jennings stated that the Planning Commission was to review the CUP for John's European and not potential future development on the site. Mr. Carrington stated the CUP will mn with the land and will not prohibit another zone from replacing it. Cm. Jennings asked if the Commission is expected to consider future possibilities for this site. Mr. Carrington stated that the use is consistent with the zoning and General Plan at this time and that is what staff and the Commission should consider. Cm. Hughes concern was once the CUP is granted; it is there forever. He felt the area would become residential in the future. If it becomes residential, what's invisible today, becomes visible tomorrow. As soon as that commercial area is gone and apartments are put in, that area will become very visible. Cm. Jennings asked Cm. Hughes if he thought Mr. Wright would hold on to this area with a residential project coming in. Planning Commission 58 April 27, 1999 Regular Meeting Cm. Hughes stated it could happen. He was in favor of putting a time limit on the CUP. He does not want to see the whole area become residential with the Auto dealer fenced in. With the approval of the property owner, the City could put a time limit on the CUP. Cm. Jennings thought a time limit could not be placed an a CUP. Mr. Peabody stated that a time limit can be placed on the CUP with the property owner's consent. Cm. Hughes asked if there was any reason why the time limit could not be addressed tonight with the applicant. Cm. Musser asked if the permission needs to come from the property owner or the applicant. Mr. Peabody stated the applicant in this case. Cm. Jennings asked the applicant to come forward. Cm. Hughes said the City can do this two ways, the CUP request can be denied, or the request can be modified with a sunset clause. If the sunset clause is agreed upon, the applicant would need to reapply for a CUP once the time limit is up. He asked the applicant if she was willing to have a sunset clause. Ms. Wahlgren asked what would happen if she did not agree with a sunset clause. Cm. Hughes stated that he would make a motion to deny the project. Ms. Wahlgmn said they would not stay there if there were apartments all around them. If the sunset clause was reasonable she would agree to it. Cm. Hughes asked how long would an applicant have to go through for the process of building apartments. Mr. Carrington said approximately a year to a year and one haiti Mr. Peabody said 5 years was an appropriate time frame for the sunset clause. He stated that there could be a recession. Ms. Wahlgmn said 5 years would be acceptable. It was recommended under the conditions of approval that the CUP would expire at the end of 5 years and is subject for renewal of the Planning Commission. On motion by Cm. Hughes, seconded by Cm. Oravetz, and with a vote of 4-1, the Planning Commission unanimously adopted with Cm. Jennings voting against the motion RESOLUTION NO. 99-19 APPROVING PA 99-002 JOHN'S EUROPEAN AUTO SERVICE CONDITIONAL USE PERMIT REQUEST FOR AN AUTOMOBILE/VEHICLE STORAGE YARD LOCATED AT 6289 DOUGHERTY ROAD Planning Commission 59 April 27, 1999 Regular Meeting 8.2 99-008 Zoning PA 99-008, Zoning Ordinance Amendment to Chapter 8.108, Temporary Use Permits to delete the Temporary Use Permit "Temporary Outdoor Sale Not Related To On-Site Established Business (Sidewalk Sale)". Zoning Ordinance Amendment to Chapter 8.108, Temporary Use Permit, to delete the Temporary Use Permit "Temporary Outdoor Sale Not Related To On-Site Established Business (Sidewalk Sale)". Cm. Jennings asked for the staff report. Mr. Carrington presented the staff report. He gave a brief description of the project. He said there is a section in the Zoning Ordinance regarding Temporary Use Permits that the Council wants deleted. It will prevent someone who is not an established Dublin business from having a temporary outdoor sale at an existing commercial site. The City has not had any requests for this type of TUP until Valentines Day of this year. A person applied with the City for a flower stand TUP and that came to the attention of several florists. It also became an issue with the Chamber of Commerce and the Council directed staff to make an amendment to the Zoning Ordinance to delete this type of temporary use. Other examples would be vendors selling blankets, towels, or brass sculptures within the City. He stated staff recommends adoption of the resolution. Cm. Johnson asked if an existing business has a sidewalk sale, do they have to sell items within their store. Mr. Carrington said yes. On motion by Cm. Oravetz, seconded by Cm. Musser, and with a vote of 5-0, the Planning Commission unanimously adopted RESOLUTION NO. 99-20 RECOMMENDING CITY COUNCIL APPROVAL OF AN AMENDMENT TO CHAPTER 8.108, TEMPORARY USE PERMITS, OF THE MUNICIPAL CODE (ZONING ORDINANCE), TO DELETE THE TEMPORARY USE PERMIT "TEMPORARY OUTDOOR SALE NOT RELATED TO ON- SITE ESTABLISHED BUSINESS (SIDEWALK SALE)" NEW OR UNFINISHED BUSINESS Mr. Peabody went over the upcoming schedule. ADJOURNMENT Being no further business, the meeting was adjourned at 8:30 p.m. Community Development Director Respectfully submitted, Planning {20mmissio~Ch i~er'soh ' vf Planning Commission 60 April 27, 1999 Regular Meeting