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HomeMy WebLinkAboutPC Meeting Minutes 11-16-1987 ~1.~- • i Regular Meeting - November 16, 1987 A regular meeting of the City of Dubiin Planning Commission was held on November 16, 1987, in the Meeting Room, Dublin Library. The meeting was called to order at 7:00 p.m, by Cm. Mack, Acting Chairperson. ~ ~ ~ ~ ROLL CALL PRESENT: Commissioners Burnham, Mack, Tempel, and Zika, Laurence L. Tong, Planning Director, and Maureen 0'Halloran, Associate Planner. ABSENT: Commissioner Barnes. ~ ~ ~ ~ PLEDGE OF ALLEGIANCE TO THE FLAG Cm. Mack 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 On motion by Cm. Tempel, seconded by Cm. Zika, and by a unanimous vote (Cm. Barnes absent), the minutes of the November 2, 1987, Planning Commission meeting were approved as presented. ~ ~ ~ ~ ORAL COMMUNICATIONS None. ~~c~~ WRITTEN COMMUNICATIONS Mr. Tong advised that the Commissioners had received six Action Letters for informational purposes. Regular Meeting PCM-7-182 November 16, 1987 ~ • i PUBLIC HEARINGS SUBJECT: PA 87-127 Crest Enterprises, Inc./The New Ewe Planned Development Rezoning request, 11873 11891 and 11875-11887 Dublin Blvd. Cm. Mack opened the public hearing and called for the Staff Report. Ms. 0'Halloran stated that at the November 2, 1987, Planning Commission meeting the Commission directed Staff and the Applicant to contact all affected Property Owners to consider initiating the rezoning petition. She advised that the required applications from the affected Property Owners were received on November 3, and Staff subsequently provided the public notice for the November 16 Planning Commission meeting. Ms. 0'Halloran reviewed the Applicant's request which was presented to the Commission at the November 2nd meeting. She indicated that the Applicant was requesting to rezone one of three parcels of property in the Heritage Park Planned Development District. She referred to the November 2, 1987, Staff Report and said with the exception of the massage establishment the proposed uses are compatible with the surrounding office, retail and residential uses. She advised that massage establishments in the City of Dublin require approval of a Conditional Use Permit within the C-1 (Retail Business) District and approval of a police permit, and are not permitted in any other district. Ms. 0'Halloran said Staff recommended massage establishments continue to be restricted to the C-1 District subject to the approval of a Conditional Use Permit. She stated that a massage establishment is not compatible with the C-0 District character of the subject Planned Development, Staff recomended that massage establishments be prohibited in the Planned Development District except as specifically exempt in City of Dublin Ordinance 2-87 regulating massage establishments and services. Staff recommended that the Planning Commission adopt a Resolution recommending the City Council adopt a Negative Declaration of Environmental Significance for PA 87-127 and a Resolution recommending the City Gouncil adopt an Ordinance establishing findings and general provisions for the proposed PD Rezoning. Dennis Ackley, 7873 Cranford Lane, Dublin, stated his opposition to any type of massage therapist being permitted to operate in the City of Dublin. Cm. Mack closed the public hearing. In response to an inquiry by Cm. Burnham, Ms. 0'Halloran indicated that Staf~ had not had direct contact with the Property Owners in the development other than to verify some of the addresses for the purpose of mailing public hearing notices. Ms. 0'Halloran, responding to an inquiry by Cm. Burnham, stated that the Historical Society had received a copy of the public hearing notices. Regular Meeting PCM-7-183 November 16, 1987 . . ~ Cm. Burnham stated that he understood a meeting of the Historical Society would be held on Wednesday, November 18, 1987. He said he was concerned that the meeting would not be held until after the Planning Commission took action on the subject project. Jim Kleimer, Representative of Crest Enterprises, said he had spoken with the Historical Society who have indicated they are aware of the proposed project. He also said that the meeting on Wednesday evening would not be for the purpose of discussing the proposed use of the Green Store. Clarifying a question raised by Cm. Zika, Ms. 0'Halloran stated that the uses which were being proposed would only affect the Green Store property. She said that because the subject property is part of the entire Planned Develop- ment, the proposal indirectly affects the other property as well in that the Green Store property would become a Planned Development apart from the other property. In response to an inquiry by Cm. Zika, Ms. 0'Halloran explained that under the current recommendation, the only way massage uses would be authorized in the proposed Planned Development would be if they fell within Section 30, Exceptions, of City Ordinance No. 2- 87 regulating massage establishments and massage services. On motion by Cm. Burnham, seconded by Cm. Zika, and by a unanimous vote (Cm. Barnes absent), a Resolution was adopted recommending the City Council adopt a Negative declaration concerning PA 87-127. RESOLUTION N0. 87-074 RECOMMENDING THAT THE CITY COUNCIL ADOPT A NEGATIVE DECLARATION OF ENVIRONMENTAL SIGNIFICANCE CONCERNING PA 87-127 CREST ENTERPRISES, INC./THE NEW EWE PLANNED DEVELOPMENT (PD) RE20NING APPLICATION On motion by Cm. Zika, seconded by Cm. Tempel, and by a three-to-one vote (Cm. Mack opposed, Cm. Barnes absent), a Resolution was adopted recommending the City Council adopt an Ordinance and establish findings and general provisions for a PD, Planned Development rezoning concerning PA 87-127. RESOLUTION N0. 87-075 RECOMMENDING THE CITY COUNCIL ADOPT AN ORDINANCE AND ESTABLISH FINDINGS AND GENERAL PROVISIONS FOR A PD, PLANNED DEVELOPMENT REZONING CONCERNING PA 87-127, CREST ENTERPRISES, INC./THE NEW EWE PLANNED DEVELOPMENT (PD) REZONING APPLICATION In response to an inquiry by Cm. Burnham, Mr. Tong verified that the action taken by the Commission was in the form of a recommendation to the Gity Council. He said the request would probably be presented to the Council at the December 14, 1987, meeting. Regular Meeting PCM-7-184 November 16, 1987 ' ' • • ~ ~ ~ ~ NEW BUSINESS OR UNFINISHED BUSINESS None. ~ ~ ~ ~c OTHER BUSINESS Mr. Tong advised that the Lapez Variance and Corwood Car Wash appeals would be presented to the City Council at the November 23, 1987, meeting. He indicated that a Conditional Use Permit application for Village V of the Villages project, Post California, would be on the December 7, 1987, Planning Commission agenda. Additionally, he said the Election of Officers would be placed on the December 7 agenda. In response to an inquiry by Cm. Zika, Mr. Tong indicated that the application for Village V was for 204 dwelling units, primarily as an apartment project. He said Village V was originally approved as part of the Rafanelli & Nahas Villages Planned Development project. He said the Applicant is applying for a slight modification to what was originally approved, and as a result must come back to the Commission through the Conditional Use Permit process. He also said the Site Development Review will then show not only land use, but site planning, landscape, architecture and preliminary grading for the proposal. ~ ~ ~ ~ PLANNING COMMISSIONERS' CONCERNS Mr. Tong responded to an inquiry by Cm. Burnham related to future Conditional Use Permit applications which may be received for uses related to the Green Store property. He said if the City Council acts on the recommendation of the Planning Commission for the Crest Enterprises/New Ewe application, uses listed as permitted would not require another Conditional Use Permit or public hearing. Cm. Zika asked for information concerning the number of garage sales permitted during a specific period. Mr. Tong stated that garage sales are controlled by State law. Although he did not have immediate access to the information, he said he thought they could be held six times within a 12-month period, but that they were restricted to the sale of used personal property. He said it may be possible to hold them for six consecutive weeks. He referred Cin. Zika to the Homa Occupation Handout which discusses the sale of homemade articles, such as baskets. Cm. Tempel inquired if the Hot Rod Cafe project would be delayed due to the disappearance of the owner. Mr. Tong advised that he had not had contact from the Applicant or development team, and that the necessary building permits had not been secured. Cm. Burnham asked if the City had recently begun the practice of removing garage sale signs. Regular Meeting PCM-7-185 November 16, 1987 1 ~ , ~ • Mr. Tong said part of the public maintenance contract is to remove any signs posted on public property. He said this has occurred since the City incorporated in 1982. In response to an inquiry by Cm. Mack regarding a business license program, Mr. Tong stated that nothing has occurred in terms of any additional studies or action by the City Council. He said that the City Council may want to establish an ad hoc committee to study the necessary steps involved in instituting a business license program. ~ ~ ~ ~ ADJOURNMENT There being no further business, the meeting was adjourned at 7:35 p.m.. ~ ~ ~ ~ Respectfully submitted, a ing Commission Chairperson Laurence L. Tong Planning Director ~ ~ ~ ~ Regular Meeting PCM-7-186 November 16, 1987