HomeMy WebLinkAboutPC Mtg Minutes 10-21-1985
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Regular i~ieeting - October 21, 1985
A regular meeting of the City of Dublin Planning Commission was
held on October 21, 1985, in the Shannon Center - West Room. The
meeting was calle~l to order at 8;00 ~.m, by Cm. Alexander,
Chairman.
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ROLL CALL
PRESENT: Commissioners Alexander, Barnes, Petty, Mack, and
Raley, Laurence L. Tong, Planning Director and Kevin J. Gailey,
Senior Planner. .
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PLEDGE OF ALLEGIANCE '
The Pledge of Allegiance to the Flag was not recited as there was
no flag present in the meeting room.
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MINUTES OF PREVIOUS MEETING
The minutes of the regular meeting of October 7, 1985, were
adopted in a corrected form (spelling corre.ction).
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ORAL COMMUNICATION
None
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WRITTEN COMMUNICATION
Mr. Tong advised the Commission that a copy of the EBMUD Draft
Plan for Water Services had been put into the Commissioners'
packets as an informational item.
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PUBLIC HEARING
SUBJECT: PA 85-081 Diamond Signs, Inc. (Applicants) Moret/See's
Candy Shops, Inc. (Owners) Conditional Use Permit to
establish two directional tract signs for Heritage
Commons (Tract 4950)
Cm. Alexander opened the Public Hearing. Mr. Gailey gave a brief
staff report detailing the nature of the request and Staff's
recommendation.
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Paula Fortier, Diamond Signs, indicated that she had received and
reviewed the staff report and concurred with the conditions of
approval recommended by Staff.
On motion by Cm. Raley, and seconded by Cm. Barnes, and on
consensus, Cm. Alexander closed the public hearing.
Cm. Alexander inquired whether bonding to assure the removal of
the signs would be appropriate.
Mr. Tong said that the City had required a cash bond on a
previous application several years ago, but had recently not
required such bonds. Cash bonds could be made a condition of
approval.
On motion by Cm. Mack, and seconded by Cm. Barnes, and by
unanimous voice vote, the Planning Commission voted to approve ~
the request. ~
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RESOLUTION NO. 85-05U
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
APPROVING PA 85-081 DIAMOND SIGNS, INC. (APPLICANT); ,
MORET/SEE'S CANDY SHOPS, INC. (OWNERS) CONDITIONAL USE PERMIT
REQUEST FOR OFFSITE DIRECTIONAL TRACT SIGNS.
The Commission expressed a consensus opinion that future requests
for directional tract signs be processed with a condition
requiring that an appropriate bond be posted to provide for the
removal of the sign.
SUBJECT: PA 84-077 Zoning Ordinance Amendment Regarding
Advertising Displays (Signs)
Cm. Alexander opened the Public Hearing. Mr. Gailey gave a brief
Staff presentation indicating that the Staff's recommendation for
a continuance of the item was based on the following:
l. Staff had not finished preparation of the graphic attachment
for the Draft Ordinance;
2. The City Attorney had not finished his review of the Draft
Ordinance; and
3. Additional time to allow the Dublin Chamber of Commerce to
review the Draft Ordinance appeared to be appropriate.
Mr. Hansen, Dublin Chamber of Gommerce, requested the item be
continued to the Commission's November l8, 1985, hearing to allow
the Chamber's Board of Directors to consider the draft formally
at their meeting of November 13, 1985.
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By a consensus opinion, the Commission continued the item to the
November 18, 1985, hearing. _
SUBJECT: PA 85-077 Zoning Ordinance Amendment Regarding
Recreational Vehicles (RV Ordinance)
Cm. Alexander reopened the Public Hearing. Mr. Tong opened the
staff report by summarizing the actions of the previous hearing
and discussing the present regulations. Mr. Tong continued by
discussing the tiered recommendations the Commission established
at the October 7, 1985, hearing and identifying the remaining
issue areas.
Cm. Alexander opened the discussion to those present in the
audience (for the sake of clarity and brevity, the speakers
identified are those who had new major points not discussed by
previous speakers).
Speaker 1- Tom Bond (Amarillo Court)
A. Described his situation-(boat on concrete pad 65'+ back from
face-of-curb with large tree screening view of boat).
B. Stated opinion that the curb cuts (as called for in Draft
Ordinance) were unnecessary.
C. Stated opinion that imposing "newcomers"' standards on
Dublin's "old-timers" was unfair.
Speaker 2 --Robert Shadda (Oxbow Court)
A. guestioned how Draft Ordinance would establish what
constitutes "accessibiiity" to rear and sideyards.
(Cm. Raley questioned Mr. Shadda as to whether he supported :the
requirement to provide a curb cut.)
Speaker 3- Candice Larson (Corto Court)
Mrs. Larson read to the Commission a copy of her letter
previously submitted to the editor of a local paper. The main
points of the letter were as follows:
A. R.V.'s stored in residential areas add to traffic
congestion.
B. R. V. units parking on-site are hazardous (they block
visibility) and are unattractive.
C. Storage in the side yard would be OK.
D. Commercial vehicles in residential areas are another
concern.
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E. Our City has invested a great deal of money in upgrading the
area. We need to continue cleaning up and improving our image.
Speaker 4- Steve Heath (Wicklow Lane)
A. Stated problem with requiring new curb cuts is that it would
decrease available on-street parking. He would rather just use
a 4 x 4 or 4 x 6 in the gutter.
B. Stated that upkeep of curbs and sidewalks falls upon the
individual property owners (i. e., if they damage curb and/or
sidewalk, they have the responsibility to repair it).
Speaker 5- Joe Mahan (Castilian Road)
A. Stated opinion that parking beside driveways should be
accessed from driveway, not from a new curb cut.
B. Indicated concern that "bureaucratic review" differs between
the City and County Staffs.
C. Stated safety concerns can be adequately controlled by the
Motor Vehicle Code and enforcement of the 25 m.p.h. speed limit
in residential areas.
D. Stated opposition to a screening requirement.
E. Raised question of property rights vs. zoning police powers.
F. Stated opinion that a requirement that R. V. units be backed
into front-yard parking spaces would solve visibility concerns.
G. Complained he'd bought into the neighborhood on an "as-is"
basis and that new residents shouldn't be able to impose their
standards on existing residents.
Speaker 6 Laurie Petty (Shadow Place)
A. Requested the Commission reconsider the direction given to
date on this issue. Alluded to a 5-year process to upgrade the
appearance of the community, especially the City's commercial
areas.
B. Stated opinion that R. V. unit storage in the front of homes
was offensive, dangerous, and unnecessary.
C. Stated support for limiting R. V. unit parking to side
and/or rear yards.
D. Indicated opinion that the private property rights issue
pales when issue is viewed in a broader sense: property values
for the community at large.
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E. Stated support for a permit process for R. V. unit unloading -
or short-term visits.
Speaker 7- Eric Klein (Hansen Drive)
A. Described his situation {meets the requirements outlined in
the Draft Ordinance) and indicated his support for the format of
the Draft Ordinance.
B. Stated the "old timers" were subject to CC&R regulations
that dealt with R. V. unit parking.
Speaker 8- Robert Matheson (Wicklow Court)
A. Stated concern that Draft Ordinance is geared to standard,
rectangular lots, and that they don't consider the problem with
irregularly shaped lots. ~
B. Stated he'd provide a curb cut if it was required by the new
ordinance regulations.
C. Voiced opinion that aesthetics weren't really a problem.
Speaker 9- Mary Tuma (Dublin Green Drive)
A. Questioned appropriateness of requiring R. V. units in #ront
yards to be backed into parking area (Draft Ordinance doesn't
require this to be done}.
B. Called for use of some type of "grandfather" clause for
existing violators.
C. Called for use of better drafted definitions in the
Ordinance for clarity purposes.
D. Stated opposition to formalizing maximum allowable length of
R. V. unit parking spaces.
Speaker 10 - Ben Smith (Hansen Drive)
A. Stated opinion that actions to upgrade appearance of the
City are fine, but care should be taken not to go overboard to
financially impact a subgroup of the City's`residents.
B. Questioned appropriatness of the application of standards
that would impose costs by individual property owners to provide
their conformance to the revised ordinance (e. g., requiring curb
cuts).
C. Questioned the 20-foot length cited in the Draft Ordinance
and indicated many R.V. units measure in the 21-foot to 24- foot
range.
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D. Called for a definition of "incidental parking."
Speaker 11 - Ken Helman (Allegheny Drive)
A. Described his own situation (having a boat and an R. V. unit
and being unable to find any offsite storage spaces).
B. Questioned what type of required "screening" was being
considered.
C. Questioned language in Draft Ordinance as it might apply to
someone with two R.V. units but with only room for one in the
sideyard. (Mr. Tong acknowledged that this area would need
clarification).
Speaker 12 - Elliot Healy (Betlen Drive)
A. Asked for clarification of intent of the screening
requirement as it applied to the Draft Ordinance. (Mr. Tong
cited the section in the existing ordinance pertaining to fences,
walls, and hedges).
Speaker 13 - Jim Conally (Langrnuir Lane)
A. Complained about apparent ambiguity concerning the screening
requirement, stating six-foot height wouldn't provide screening
of R.V. units.
B. Indicated he didn't support a requirement that curb cuts be
made. He stated opinion that temporary ramps at the curb were
appropriate as long as the property owner in question assumed
responsibility for any damage done to the curb, gutter, or
sidewalk.
Speaker 14 - Larry Horn (Tamarack Drive)
A. Indicated the 20-foot maximum length for front yard R.V.
unit parkling was inappropriate and inadequate.
B. Stated that while a curb cut makes access to property easier
for R. V. units, he felt it was not necessary for protection of
sidewalks and would just result in unnecessary expenses for the
property owner.
Speaker 15 - Larry Baroni (Hickory Lane)
A. Stated opposition to a curb cut requirement.
B. Stated opinion that most R. V. unit owners are currently
backing their units into their lots and thereby facilitating
safer exits back onto the public street.
C. Restated concern that Ordinance will impact private property
rights.
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Speaker 16 - Bill Allen (Fredricksen Lane) -
A. Stated he can't support the Draft Ordinance in its present
form.
B. Indicated he wants to be able to park his unit on his lawn.
C. Called for use of a grandfather clause (no complaints in
five years, then free and clear).
Speaker 17 - Unidentified
A. Indicated that parking on wide side of driveway would be
safer and more convenient.
Speaker 18 - Bert Jamison (Amarillo Ct.)
A. Said that there are typically conditions, covenants and
restrictions on the property. They were being ignored.
B. Hobbies, such as having a big boat, should not become a
neighbor's headache.
CM. ALEXANDER CALLED FOR A TEN-MINUTE RECESS
Upon reconvening, Cm. Raley stated he felt it appropriate to
leave the Public Hearing on the matter open and give direction to
Staff .
Prompted by Cm. Petty's inquiry to the members of the audience,
an extended discussion followed among the Commissioners regarding
the definition/interpretation sought for the concept of "physical
accessibility." Cm. Raley expressed concern that strict
interpretation of "physical accessibility" could result in loss
of established front yard landscaping. Cm. Raley questioned
whether the Commission would consider "grandfathering" existing
duplicate driveways and also indicated he had reservations about
storage of raised camper shells in the front yard. Cm. Raley
continued by indicating he had no problem with dropping the 20-
foot maximum length dimension, stating the important factor would
be just to require the unit to fit into the driveway. Cm. Raley
indicated a desire to have the Draft Ordinance specifically
restrict any vehicular parking in the front yard area on the wide
side of the driveway.
Cm. Alexander stated strong support of a requirement to move
R. V. units to the rear of the yard if "physically accessible,"
regardless of whether a pad had been established previously in
the front yard.
Cm. Mack stated a preference to not have R. V. unit parking in
the front yard and stated strong support for requiring rear yard
or sideyard storage if "physically accessible."
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Cm. Barnes also stated strong support for rear yard or sideyard
storage and again stated support for the City developing and
operating a private storage yard within the City limits. Cm.
Barnes stated her observation of the residential area's change
has been a downhill change.
Cm. Barnes and Cm. Raley jointly indicated that the majority of
phone calls they received from residents were opposed to storage
~ of R. V. units in front yard areas.
On motion by Cm. Raley, and seconded by Cm. Mack, and on
consensus, Cm. Alexander closed the Public Hearing, and indicated
their intent to reopen the hearing for discussion on the Draft at
the next Planning Commission meeting.
Cm. Raley asked for clarification of what options were available
to the City Council as regards the question of instituting a
moratorium of enforcement of the existing Ordinance. Mr. Tong
reviewed the options.
Cm. Alexander stated support for remaving~ the 20-foot maximum
dimension for frontyard R.V. unit parkinq and putting in its
place language tying the allowable length to garage location.
Cm. Alexander continued by stating concern that R. V. unit
parking in driveways should result in the corresponding loss of
access to the adjoining garage parking space.
In response to an inquiry from Cm. Alexander, Mr. Tong stated
that allowing R. V. unit parking to overhang into the public
~ right-of-way would involve modifications to a different section
of the City's Ordinance and stated his anticipation that such a
change in the ordinance would be opposed by the City Attorney.
Cm. Alexander prompted the Commission's consideration of how the
Ordinance would apply to corner lots and called for a restriction
of parking in the first 30 feet of street-side sideyard or to the
corner of the home, whichever is greater.
Following additional discussion among the Commissioners, the
following two areas of Commission consensus were reached:
1. Stated consensus support (on a 3-2 vote, Cm. Barnes and Cm.
Petty opposed) to allow R. V. unit parking along the driveway
(narrow sideyard area between driveway and property line) if
sideyard or rear yards are not "physically accessible."
2. Stated consensus opposition (on a 3-2 vote, Cm. Raley and Cm.
Petty opposed) to allowing R. V, unit parking on driveways.
In response to the second item, Mr. Tong provided clarification
of how visitor or incidental R.V. unit parking in driveways had
been handled in the Draft Ordinance development of a definition
for storage; 72 hours in any 96-hour period).
Cm. Raley voiced concern that the direction the Draft Ordinance
was taking may cause enforcement problems.
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Cm. Petty asked whether the new Ordinance would be actively or
passively enforced once in place. Mr: Tong indicated that short -
of direction from the City Council stating otherwise, the
existing approach of acting primarily on a complaint basis would
be retained.
Discussion shifted to attempts to determine how "physically
accessible" could be defined and enforced. Cmmrs. Raley and
Alexander supported use of a 10-foot minimum width, between the
house and the sideyard property line. The ultimate consensus
reached by the Commission was that "if the unit fits, then it
must be placed into the sideyard or rear yard." ,
It was indicated that the public hearing on the item would be
reopened at the November 4, 1985, Commission hearing to allow
discussion of the Draft Ordinance, and that the matter would be
put over to the November 1$, 1985, meeting for final
consideration and action by the Commission.
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NEW BUSINESS
None.
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UNFINISHED BUSINESS
Cm. Barnes inquired as to the follow-up steps taken on the
question of requiring reflectorized tape on dumpsters placed
temporarily on the street.
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PLANNING COMMISSIONERS' CONCERNS
Cm. Mack filed a complaint on an apparent abandoned vehicle along
Amador Valley Blvd. south of Ann Arbor Way.
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ADJOURNMENT -
There being no further business, the meeting was adjourned at
12:15 a. m.
Respectfully submitted,
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anni g Commission Chairman
Laurence L. Tong,
Planning Director
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