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HomeMy WebLinkAboutPC Mtg Minutes 12-15-1986 _ ~ ~ Regular Meeting - December 15, 1986 A regular meeting of the City of Dublin Planning Commission was held on December 15, 1986, in the Meeting Room, Dublin Library. The meeting was called to order at 7:02 p.m. by Cm. Mack, Chairperson. #~T 3~ ROLL CALL PRESENT: Commissioners Barnes, Burnham, Petty,: Mack, and Raley, Laurence L. Tong, Planning Director, and Kevin J. Gailey, Senior Planner. ~ # # ~ PLEDGE OF ALLEGIANCE TO THE FLAG Cm. Mack led the Commission, Staff, and those present in the pledge of allegiance to the flag. 3 ~ ~ ~ ~ ADDITIONS OR REVISIONS TO THE AGENDA None. # i; # # ELECTION OF OFFICERS Mr. Tong advised that the Planning Commission Rules of Procedures provide that officers be elected at the first meeting of the Commission in December of each year. He indicated that this was not done at that time as the City Council review of Commission and Committee Appointees was pending, but that since the appointments were reviewed by the City Council at its December 8, 1986, meeting, it would now be appropriate to hold the election. He said that unless a vacancy occurs, the new terms of office will be until December, 1987. Mr. Tong also advised that the Ordinance which establishes the Planning Commission provides that the Commission may appoint a Secretary. He indicated that Staff recommends the Commission elect a Chairperson, elect a Vice Chairperson, and appoint the Planning Director as Secretary. Cm. Petty nominated Cm. Raley for the office of Chairperson. There were no other nominations and Cm. Raley was elected Chairperson by a unanimous vote. Cm. Burnham nominated Cm. Barnes for the office of Vice Chairperson. There were no other nominations and Cm. Barnes was elected Vice Chairperson by a unanimous vote. On motion by Cm. Raley, seconded by Cm. Barnes, and by a unanimous vote, the Planning Director was appointed as Secretary to the Planning Commission. Regular Meeting PCM-6-175 December 15, 1986 . ~ ~ ~ Cm. Mack surrendered the gavel to Cm. Raley. Cm. Raley expressed his appreciation for the outstanding contribution Cm. Mack made to the Commission in the role of Chairperson. The other Commissioners concurred with Cm. Raley. ~ ~ ~ ~ MINUTES OF PREVIOUS MEETING On motion by Cm. Burnham, seconded by Cm. Mack, and by a unanimous vote, the minutes of the meeting of December 15, 1986, were approved as presented. ~ ~ ~ ~ ORAL COMMUNICATIONS None. ~ ~ ~ ~ WRITTEN COMMUNICATIONS Mr. Tong stated that the Commissioners had received four Action Letters and one Notice of Appeal. Cm. Burnham questioned the reason for two Appealable Action Letters for Custom Music. Mr. Tong clarified that two permits had been processed: one was for a Site Development Review, which was approved, and one was for a Variance, which was denied. ~~c~~ PUBLIC HEARINGS SUBJECT: PA 86-105 Lutheran Church of the Resurrection Preschool Nursery and Child Care Conditional Use Permit request. Cm. Raley opened the public hearing and called for the Staff Report. Mr. Gailey advised that this item had been continued from the Planning Commission meeting of December 1, 1986. He pointed out that the request was not only for the purpose of considering an extension of the Preschool Nursery and Day Care operations, but for an expansion of the Preschool facility as well. He indicated that the net expansion would be to increase the total number of Preschool Nursery students from 96 to 136. Mr. Gailey stated that the Church was constructed in 1962 and the School was established in 1973. He indicated that the permit for the Nursery School was renewed twice, each time for five year periods. Mr. Gailey advised the facilities for both the Day Care and Preschool Nursery were adequate and said that Staff recommended the Planning Commission adopt a Resolution approving the Negative Declaration of Environmental Significance and a Resolution approving the Conditional Use Permit request for PA 86-105 Lutheran Church of the Resurrection Preschool Nursery and Child Care Conditional Use Permit. On motion by Cm. Mack, seconded by Cm. Barnes, and by a unanimous vote, a Resolution was approved adopting a Negative Declaration for PA 86-105. Regular Meeting PCM-6-176 December 15, 1986 . ~ ~ ~ RESOLUTION N0. 86 - 073 ADOPTING A NEGATIVE DECLARATION dF ENVIRONMENTAL SIGNIFICANCE CONCERNING PA 86-105 LUTHERAN CHURCH OF THE RESURRECTION - CONTINUED OPERATION OF A PRESCHOOL NURSERY AND CHILD CARE FACILITY - CONDITIONAL USE PERMIT REQUEST - 7557 AMADOR VALLEY BOULEVARD On motion by Cm. Barnes, seconded by Cm. Mack, and by a unanimous vote, a Resolution was adopted approving a Conditional Use Permit request for PA 86-105 Lutheran Church of the Resurrection Preschool Nursery and Child Care facility. RESOLUTION N0. 86 - 074 APPROVING PA 86-105 LUTHERAN CHURCH OF THE RESURRECTION - PRESCHOOL NURSERY AND CHILD CARE FACILITY CONDITIONAL USE PERMIT REQUEST - 7557 AMADOR VALLEY BOULEVARD SUBJECT: PA 86-113 Carl's Junior Restaurant Drive-thru Window Conditional Use Permit and Site Development Review requests. The public hearing for this item was moved to a position later on the agenda to give Staff an opportunity to obtain a copy of page 3 of the Conditions of Approval which were missing from the December 15, 1986, Staff Report. SUBJECT: PA 86-125 Enterprises Rent-A-Car ~Applicant)/Amador Valley Lanes (Owner) Conditional Use Permit, 6000 Dougherty Road. Cm. Raley opened the public hearing and called for the Staff Report. Mr. Gailey advised that the Applicant was requesting approval of a Conditional Use Permit to allow the establishment of an automobile rental facility operating out of a 288+ square foot portion of the existing Amador Valley Bowling Alley facility at 6000 Dougherty Road. He stated that although the exact location of storage parking for the rental cars had not been determined, it was anticipated that storage would be in the southwest quadrant of the site's parking area. He indicated that the exact location of the storage parking should be subject to review and approval by the Planning Department and the Police Services Department prior to initiation of the land use activity. Mr. Gailey stated that one of the issues covered in the draft Resolution for the Conditional Use Permit was the time frame of the application. He said the Applicant had indicated that a 10-year lease was being pursued, but that the City typically approves this type of permit for a three to five year period. He said that Staff was recommending a shorter time frame than the Applicant was requesting. Mr. Gailey advised that Staff had been contacted with at least one representative who was considering redevelopment o£ the entire site. Mr. Gailey advised that if redevelopment of the site was to occur, it would be appropriate at that time to review the subject permit to determine if the use would still be appropriate. Mr. Gailey stated that if the Applicant concurred, Staff would suggest that a Condition be added which would require the Applicant or Owner to pursue the necessary steps to post "Private Property" signs on the subject property to make provision for illegally parked cars to be towed off the site. Regular Meeting PCM-6-177 December 15, 198b . ~ • ! In response to an inquiry by Cm. Burnham, Mr. Gailey said the Conditions of Approval provided for the Police Department to have input on the location of lighting. He said Staff did not feel fencing would be required, as such fencing may actually have an adverse impact. Cm. Raley asked for clarification regarding Condition #12. Mr. Gailey advised that five handicap parking spaces would be required for the subject property, and that four currently were in place. In response to an inquiry by Cm. Raley, Mr. Gailey stated that the planters referred to in Condition #10 are not permanent and that they were potentially both an eyesore and a hazard. Cm. Petty asked if the structure which would be used as a rental car agency had always been used as a pro-shop. Mr. Gailey indicated that he was not aware of the history of the use of the pro-shop area, but that the rental agency would be in that same portion of the structure. Cm. Petty stated that his concern was that the rental car agency not hinder the operation of the bowling alley. In response to an inquiry by Cm. Burnham, Mr. Gailey stated that before the land use activity could become operative, Staff would want to see plans showing the exact location of the cars and would provide have the Police Department an opportunity to review those plans. Robert Fitch, Applicant, 2356 Rosita, Santa Clara, said that he had read all of the Conditions of Approval and was in agreement with all but Condition #14, relating to the length of the permit. He stated that the lease for the proposed Rent-A Car agency was for five years. He asked the Commission to consider lengthaning the period of the permit. Fred Forster, American Recreation Center, asked for clarification concerning Condition #8. Mr. Gailey advised that the Condition regarding frontage deficiencies was specifically geared to repair of sidewalks. He said in examining the site he had found approximately 20 feet of the sidewalk in need of repair. Mr. Forster referred to Condition #10 (pretaining to the landscape planters), and stated that their use was originally required in 1977 or 1978. He said there was no permanent, fixed sprinkler system linked to each of the planters and that they are removable concrete basins. He indicated that they could be removed. Regarding handicap parking spaces, Mr. Forster said four spaces were currently available. He indicated that he thought four spaces were more than adequate, but that he would not be opposed to installing a fifth space if the Commission required it. In response to an inquiry by Cm. Petty, Mr. Forster stated there was not another pro-shop in the bowling alley structure, but that there were two others within the City. Bob Jasper, Vice President of Enterprise Rent-A-Car, said that a five-year lease agreement had been entered into, and requested that Condition #14 be adjusted to run concurrent with the length of that lease. Regular Meeting PCM-6-178 December 15, 1986 ' ~ • Mr. Gailey advised that if the Commission desired to extend the approval period to five years, Staff would suggest that the initial period of two years remain as written in the Conditions of Approval, and that the additional year be added following that period of time, making the potential administrative extension a period of three years. Cm. Raley closed the public hearing. In response to an inquiry by Cm. Mack related to handicap parking, Mr. Tong indicated that at the discretion of the Building Official it might be possible to make a slight adjustment regarding the number of handicapped spaces, but that in this case because of the relatively small expense, Staff felt the request for an additional handicap parking space was a reasonable one. Cm. Barnes expressed concern regarding the fact that the only provision made regarding landscaping was for the removal of the planters. Mr. Gailey advised that this was related to the type of application being considered. Mr. Forster said no additional exterior modifications would be made. In response to an inquiry by Cm. Burnham, Mr. Gailey advised that the handicap parking requirement was specified by the State Building Code, which the City had adopted as its own. On motion by Cm. Petty, seconded by Cm. Barnes, and by a unanimous vote, a Resolution was approved adopting a Negative Declaration for PA 86-125 Enterprise Rent-A-Car/Amador Valley Lanes Conditional Use Permit. RESOLUTION N0. 86 - 077 ADOPTING A NEGATIVE DECLARATION FOR PA 86-126 ENTERPRISE RENT-A-CAR (APPLICANT)/AMADOR VALLEY LANES (OWNER) CONDITIONAL USE PERMIT APPLICATION TO ESTABLISH A RENTAL CAR SERVICE AT 6000 DOUGHERTY ROAD On motion by Cm. Mack, seconded by Cm. Burnham, and by a unanimous vote, a Resolution was adopted approving PA 86-125 Enterprise Rent-A-Car/Amador Valley Lanes Conditional Use Permit, contingent upon the following modifications: Condition #14: Modified to permit a three-year extension of the permit. Condition #15: A new Condition added to require that "Private Property - Customer Parking Only" signs be posted on the subject property. , RESOLUTION N0. 86 - 078 APPROVING PA 86-125 ENTERPRISE RENT-A-CAR (APPLICANT)/ AMADOR VALLEY LANES (OWNERS) CONDITIONAL USE PERMIT APPLICATION TO ESTABLISH A RENTAL CAR. SERVICE AT 6000 DOUGHERTY ROAD SUBJECT: PA 86-129 Sign Ordinance Amendment Cm. Raley opened the public hearing and called for the Staff Report. Ms. 0'Halloran advised that this item was prepared in accordance with City Council direction requesting that the Planning Commission consider a Zoning Ordinance Amendment which would provide for two Freestanding Signs on larger parcels which have two or more frontages, She also advised that Staff has identified several areas of the Sign Ordinance which require clarification. Regular Meeting PCM-6-179 December 15, 1986 . ~ • Ms. 0'Halloran reviewed the Sign Ordinance sections which Staff recommends for amendment, and which are outlined on pages two and three of the Staff Report dated December 15, 1986. In response to an inquiry by Cm. Mack, Ms. 0'Halloran clarified that item 4) Permitted Signs - would permit a maximum of two Price Signs per parcel. Cm. Raley closed the public hearing. Cm. Raley expressed concern regarding the authorization of two Freestanding Signs per parcel. He stated that he was sympathetic with the concerns related to the Howard Johnson application, but said he opposed permitting two Freestanding Signs per parcel in an effort to resolve those concerns. Cm. Raley referred to Attachment 2 and asked if the parcels designated as 11, 12, and 13 would be permitted an additional sign if the amendment is approved. Mr. Tong advised that the proposed amendment would not change the existing situation for Valley Nissan, but that there are two parcels on that particular property which would enable them to have one sign on each parcel. He said the amendment specifically refers to property adjacent to the freeway and which are four acres or larger in size. Cm. Mack expressed concern regarding the proposed amendment related to Freestanding Signs. Cm. Petty inquired if the proposed amendment would permit Howard Johnson's to have two Freestanding signs. Ms. 0'Halloran stated an application would have to be submitted for a Conditional Use Permit. Mr. Tong indicated that a Variance would probably need to be processed for this as all of the frontage is taken up by a curb cut. Ms. 0'Halloran indicated that the second sign would be counted as part of the total signage permitted on the lot. Cm. Raley stated that he thought the concerns related to the Howard Johnson Hotel could be alleviated by utilizing signs similar to those used by Pleasanton for the Hilton Hotel. Mr. Tong asked if it was the consensus of the Commission that signs placed on the City's right-of-way that said "Lodging" would be adequate to resolve the Howard Johnson concerns. Commissioners Raley, Barnes, Burnham and Mack indicated their concurrence. Cm. Petty said he did not think a"Lodging" sign would be adequate. Mr. Tong said it would be benficial if the Commissioners would restate the reasons why they would not want the second Freestanding Sign to be considered for approval through the Conditional Use Permit process. It was the consensus of the Commission that they did not want to have a row of signs visible from the Freeway, that they felt appropriately placed "Lodging" signs would be adequate to direct potential customers to the Hotel, that they felt because each parcel may have a Freestanding Sign as well as a Wall Sign, no additional signage would be necessary, and that they did not want to see a proliferation of signs an the street right-of-ways. Regular Meeting PCM-6-180 December 15, 1986 • • ~ Rick Wendling, 7194 Elk Court, said he was in attendance at the City Council meeting at the time the Howard Johnson application was discussed. He said he thought the concern was expressly related to the uniqueness of the Howard Johnson situation, and that even if the City Council did authorize "Lodging" signs to be situated at key locations, Councilmembers had compassion related to the illegibiltiy of a 2' x 4' sign at the end of the cul-de-sac. Cm. Raley restated that although the Commission concurred with the concerns expressed regarding the Howard Johnson Hotel, they did not think the proposed amendment was the solution. Cm. Burnham said he had some difficulty with the authorization of "Lodging" signs. Mr. Tong advised that the three signs typically utilized on freeways are for lodging, food and gas. On motion by Cm. Mack, seconded by Cm. Barnes, and by a unanimous vote, the Commission recommended that Section 3 and Section 6 be deleted fram the proposed Sign Ordinance Amendment. On motion by Cm. Petty, secondad by Cm. Mack, and by a unanimous vote, a Resolution was approved, recommending the City Council adopt PA 86-129 Sign Ordinance Amendment contingent upon the deletion of Sections 3 and 6 of the proposed Ordinance. RESOLUTION N0. 8b - 079 RECOMMENDING ADOPTION OF PA 86-129 SIGN ORDINANCE AMENDMENT On motion by Cm. Mack, seconded by Cm. Barnes, and by a unanimous vote, a Resolution was approved recommending adoption of a Negative Declaration for PA 86-129 Sign Ordinance Amendment. RESOLUTION N0. 86 - 080 RECOMMENDING ADOPTION OF A NEGATIVE DECLARATION FOR PA 86-129 SIGN ORDINANCE AMENDMENT SUBJECT: PA 86-113 Carl's Junior Restaurant Drive-thru Window Conditional Use Permit and Site Development Review requests. Cm. Raley opened the public hearing and called for the Staff Report. Mr. Gailey advised that this item had been continued from the Planning Commission meeting of December l, 1986. He said, as Staff had indicated in the Staff Report dated December 1, 1986, Staff had concerns regarding the layout of the proposed drive-thru aisle. He indicated Staff had prepared a memo to the City Traffic Engineer (Attachment 6 of the Staff Report dated December 15, 1986) requesting input on the following three items: 1) the adequacy of the proposed stacking distance between the pick-up window and menu-order board, 2) the adequacy of the praposed stacking distance behind the menu-order board, and 3) the design of the new "intersection" formed with the introduction of the exit lane from the proposed drive-thru window service. Mr. Gailey advised that the Traffic Engineer basically concurred with Staff's preliminary comments, and that the basic consensus was that the proposed drive-thru aisle would not affect on-site traffic circulation. Regular Meeting PCM-6-181 December 15, 1986 . ~ ~ ~ ~ Mr. Gailey said that Mr. Waddell, Applicant and Representative, had inciicated that he is in general concurrence with Staff's recommendations. Mr. Gailey advised that Staff recommended the Commission adopt a Resolution approving the Negative Declaration of Environmental Signficance and a Resolution approving the Conditional Use Permit and Site Development Review requests for PA 86-113.1 and .2. John Waddell, Applicant and Representative, said he did not have any problems with the recommendations made by Staff. Cm. Raley closed the public hearing. Cm. Burnham inquired about the comments from the Police Department related to the proposed distance of the trash container from the back door. Mr. Waddell said an appropriate alarm system will be installed on the back door. On motion by Cm. Petty, seconded by Cm. Barnes, and by a unanimous vote, a Resolution was approved adopting a Negative Declaration of Environmental Significance concerning PA 86-113.1 and .2. RESOLUTION N0. 86 - 075 ADOPTING A NEGATIVE DECLARATION OF ENVIRONMENTAL SIGNIFIGANCE CONCERNING PA 86-113.1 AND .2 - CAR.L'S JUNIOR RESTAURANT DRIVE-THRU WINDOW CONDITIONAL USE PERMIT AND SITE DEVELOPMENT REVIEW REQUESTS On motion by Cm. Barnes, seconded by Cm. Burnham, and by a unanimous vote, a Resolution was adopted approving PA 86-113.1 and .2 Conditional Use Permit and Site Development Review requests. RESOLUTION N0. 86 - 076 APPROVING PA 86-113.1 AND .2 CARL'S JUNIOR DRIVE-THRU WINDOW - CONDITIONAL USE PERMIT AND SITE DEVELOPMENT REVIEW REQUESTS SUBJECT: PA 86-046 Fire Safe Roofing Materials Ordinance Amendment. Mr. Gailey advised that because of the unavailability of industry representatives for the December 15, 1986, meeting, Staff recommended the item be continued to the hearing of January 19, 1987. He said he had only recently been able to secure the name of the representative from the shingle industry. He stated that industry representatives had indicated they will be able to attend the meeting of January 19, 1987. On motion by Cm. Barnes, seconded by Cm. Petty, and by a unanimous vote, PA 86-046 Fire Safe Roofing Materials Ordinance Amendment was continued to the Planning Commission meeting of January 19, 1986. ~ ~ ~ ~ NEW BUSINESS OR UNFINISHED BUSINESS Regular Meeting PCM-6-182 December 15, 1986 . ~ ~ SUBJECT: Review of Planning Commission Rules anct Procedures. Mr. Tong advised that a new law will become effective which changes the Brown Act requirements for open meetings. He reviewed the changs as outlined in the December 15, 1986, Staff Report and said that Staff had drafted revisions to the Planning Commission's Rules of Procedure which reflect recommendations made by the City Attorney. Mr. Tong said that Staff recommended the Planning Commission adopt the Planning Commission Rules of Procedure as revised. On motion by Cm. Barnes, seconded by Cm. Burnham, and by a unaniinous vote, a Resolution was approved adopting the revised Dublin Planning Commission Rules of Procedure as presented. RESOLUTION N0. 86 - 081 ADOPTING THE DUBLIN PLANNING COMMISSION RULES OF PROCEDURE Mr. Tong advised that the City Council's review of the various Commission appointments had been completed. He said that a request by Rafanelli & Nahas for a Variance from the Building Code had been taken to the City Council, and that the Council had granted the substitution of plastic pipe instead of cast iron for all of the townhouse units, and that the Council also authorized Rafanelli & Nahas to delete sprinkler heads on the outside of the units, but required that the two on the inside of each unit be installed. ~ ~ ~ ~ OTHER BUSINESS None. ~ ~ ~ ~ PLANNING COMMISSIONERS' CONCERNS Cm. Petty asked what was being excavated on the west side of town and said he had seen hauling trucks in that area. Mr. Gailey said there shouldn't be anything in progress, and Mr. Tong said Staff will investigate this matter. Cm. Barnes said she had received a telephone call complaining about the lack of lighting at night northbound on Dougherty Road approaching Amador Valley Boulevard. Cm. Mack said she had spoken with Mayor Jeffery following the previous City Council meeting, and expressed her desire that in the future there be increased interfacing between the Councilmembers and Commissioners. Mr. Tong reminded those present of the reception that will be held for Pete Snyder and Pete Hegarty following the City Council meeting of December 22, 1986. He said the reception will be held from 9:00 to 11:00 p.m. at Staffords. Mr. Tong said there will be a Volunteer Recognition night at the end of the month of January which will be handled by the Recreation Department. Regular Meeting PCM-6-183 December 15, 1986 e b • ~ In response to an inquiry by Cm. Burnham, Mr. Tong said a number of complaints have been received regarding the used car parking in the Central Bank parking lot. He said the property changed hands as of Tuesday (December 9, 198b), and that the Zoning Investigator has discussed the situation with the new property owner, who will post the standard police signs to prohibit private parking, Mr. Tong advised that the cars cannot be towed away until the appropriate signs have been posted. Mr. Tong also said notices of zoning violations will also be posted on the individual vehicles. Cm. Burnham said he had observed a small pick-up truck during the weekend with a load of firewood on the back of it for sale. Mr. Tong said if a formal complaint is lodged against the vehicle, the City will see what action can be taken against them. Cm. Barnes said she had received a telephone call regarding someone selling Christmas trees from the back of a truck. Mr. Tong said he had contacted the Gity Manager over the weekend regarding this issue, and the City Manager in turn contacted the Police Department. Mr. Tong advised that the Zoning Investigator is a part-time employee and the City does not have a weekend investigator. In cases where a violation is occuring during the weekend, the Police Department will have to do the enforcements. Cm. Raley expressed concern regarding the crossing guard at San Ramon Road and the Shannon Center. He said people are running the red light and the stop sign. Cm. Raley asked that the Police Department be requested to look into this. ~ ~ ~ ~ ADJOURNMENT There being no further business, the meeting was adjourned at 8:57 p.m. ~ ~ ~ ~ Respectfully submitted, ~ Planning Commission C irperson Laurence L. Tong Planning Director ~ ~ ~ ~ Regular Meeting PCM-6-184 December 15, 1986