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HomeMy WebLinkAboutPC Minutes 11-20-1989 `A a • ~ ~ Regular Meeting - November 2Q, 1989 A regular meeting of the City of Dublin Planning Commission was held on November 2Q, 1989, in the Dublin Civic Center Council Chambers. The meeting was called to order at 7.30 p.m. by Cm. Burnham, Vice-Chairman. * * * * ROLL CALL Present: Commissioners Burnham, Mack, Okun and Zika; Laurence L. Tong, Planning Director; Maureen O'Halloran, Senior Planner; and Gail Adams, Planning Secretary. Absent: Commissioners Barnes * * ~ * PLEDGE OF ALLEGIANCE TO THE FLAG Cm. Burnham led the Commission, Staff, and thase present in the pledge of allegiance to the flag. * ~ * * ADDITIONS OR REVISIONS TO THE AGENDA None * * * * MINUTES OF PREVIOUS MEETING The minutes of November 6, 1989 were approved. ~ * * ~r ORAL CONIl~IZJNICATIONS Ms. Marjorie LaBar indicated that before the Planning Cammission continued Public Hearing Item ~8.4, she would like to have a few minutes to speak on that item regaxding the infrastructure and planning issues for the East Dublin study area which would affect the Dublin Boulevard Extension. The Planning Commissian indicated they had no problem with the request. * * ~r * WRITTEN COMMUNICATIONS None ~r**~********************~**************~********~****~****~r***~r** Regular Meeting PCM-8-152 November 20, 1989 . . . • • * * * * PUBLIC HEARINGS SUBJECT: PA 89-126 Catania Deli Conditional Use Permit to allow the cantinuance of outdoor seating for patrons of a restaurant located at 7081 Village Parkway Cm. Burnham ogened the public hearing and asked for the staff report. Mr. Larry Tong introduced Charlie Haims, Planning Intern, who would be presenting the staff report to the Cammission. Mr. Haims indicated that the apglication was for a Conditional Use Permit to allaw the continued use of outdoor seating in front of the existing deli at 7481 Village Parkway. He indicated that Section 8-49.7 of the Zoning Ordinance states that outside uses can only be considered with a Canditional Use Permit. Mr. Haims indicated that on October 21, 1986, the Planning Commission approved a Conditional Use Permit to allow four tables and eight chairs for outside eating directl~ in front of Catania Deli's tenant space. That approval expired on actober 16, 1989, and on October 16, 1989, the Applicant submitted an application to renew the Conditional Use Permit. Mr. Haims indicated the tables and chairs are placed outside at 8:30 a.m. and taken in at 5:30 p.m on the weekdays, and Saturdays they are outside from 8:30 a.m. to 4:30 p.m. The deli is closed on Sundays. Mr. Haims indicated that the tenant uses at the center have changed, however the parking requixements are the same and no problems have occurred. He indicated that no zoning vialations have occurred on the site, all applicable agencies have reviewed the application and is in compliance with the Zoning Ordinance. Mr. Haims indicated that conditions of apgroval similar to the previous apglication ~ere included in the draft resolution. There is, however, no exgiratian date far the new Conditional Use Permit. He indicated that the implementation of the Management Audit included the elimination of the approval expiratians and administrative extensions far conditianal use permits. Mr. Haims indicated that there are conditions included in the draft resolution addressing revocation of the permit and citation for violations of any of the conditions of approval. Mr. Haims indicated that Staff feels that the Applicant's past record warrants granting approval without the expiration limitations and recommends that the Planning Commission adogt the Regular Meeting PCM-8°153 November 20, 1989 . . . . • ~ draft resolution approvinq the Conditional Use Permit for Catania Deli, PA 89-126. Mr. Latora, Applicant, had no comments. On motion from Cm. Qkun, seconded by Cm. Mack~ with a vote of 4-0 (one absentj, the Planning Commission adopted RESOLUTION NO. 89-051 APPROVING PA 89-126 CATANIA DELI'S CONDITIONAL USE PERMIT TO CONTINUE THE OUTSIDE EATING AREA AT 70$1 ~TILL.~,GE PARKWAY SUBJECT: PA 89-117 First Christian Church Gonditional Use Permit to allow a church, including Sunday School and nursery care in an existing commercial building located at 11875 Dublin Boulevard Cm. Burnham opened the public hearing and asked far the Staff Report. Ms. O'Halloran indicated that the application was for a Conditional Use Permit ta allow a church, including Sunday School and nurser~r care in an existing commercial building located at 11875 Dublin Boulevard, aka The Green Store, Section 8-61.0 of the Zoning Ordinance requires approval of a Conditional Use Permit for churches unless specifically listed as a permitted use. Ms. O'Halloran indicated that the facility would consist of an assembly area, library/classroom, nursery, toddlers classraom and restroom facilities on the main floor; a kitchen, restrooms, classroom and fellowship all on the lower flaor; and offices on the upper floor. Ms. O'Halloran indica~ed that there would be church services, children's Sunday sGhool classes, bib].e study, choir practice and other miscellaneous c~urch related activities. The haurs of operation far the church would be 8:30 a.m. ta 12:3Q p.m. an Sunday mornings; 6:3Q p.m. to 7:30 p.m. on Sunday evenings; 7:00 p.m. to 8:30 p.m. weekdays; and 8:00 a.m. to 5:00 p.m. office hours during the weekdays. Ms. O'Halloran indicated that there were interiar and minor exterior building modifications which would require Staff's review and approval. A condition has been added to the draft resolution waiving the Site Development Review and reguiring Staff review and approval of the interior modifications prior to issuing building permits for the site. Ms. O'Halloran indicated that there were two planning issues association with this application: 1) Was the use compatible with the PD District and surrounding districts and uses and 2) Does the site have adequate parking for the requested use? **********~r******~****~~r****~r~***~r*******************~*******~**~ Regular Meeting PCM-8-154 November 20, 1989 . , . . • • Ms. O~Halloran indicated that the proposed use is compatible with the PD District in that the proposed modifications would maintain public accessibility to The Green Store as well as promote the historical character as specified in the PD General Provisions. No other uses are praposed for the site therefore no use conflicts are anticipated. Ms. O'Halloran indicated that the site contains 29 on-site parking spaces and shares a reciprocal ingress, egress as we}.l as parking easements with the adjaining offiae complex for a total of approximateZy 483 parking spaces. Due to the shared parking easement and the off-peak hours of the church activities, adequate parking is available. Ms. O'Halloran indicated that all applicable a:gencies have reviewed the application. Ms. O'Halloran indicated that as part of the implementation of the Management Audit, the draft resalution does not contain an expiration date for the Conditional Use Permit. There ar~, however, conditions included requiring 1) the Zoning Investigator to review the use after the first year for compliance; 2) indicating the use appraval will become null and void if the use ceases operation for a continuous one-year period; and 3) the use is subject to revocation and citation for any violations. Ms. O'Halloran indicated that Staff recammended th~ Commission adopt Exhibit B, the resolution agproving the Negative Declaration and Exhibit C, the resQlution approving the Conditional Use Permit. Ms. 0'Halloran indicated that there was a letter from the Historical Society indicating their review and approval of the use. Cm. Zika asked what the maximum accugancy was for the building. Ms. O'Halloran indica~ed that the maximum occupancy rate was unknown. The Building Official has reviewed the appliGation and the interior modifications would be reviewed b~ the Building Official as well. Cm. Okun asked if the traffic consultants had reviewed the application. He was concerned about the traffic impact on Dublin Boulevard. Ms. O'Halloran indicated no, however, Chris Kinzel fram TJKM was in the audience if the Commission had queations. Mr. Kinzel, TJKM, indicated that the traffic impacts associated with the church activities would be mostly on the ~teekends and evening hours. H~ felt that traffic mitigations were not necessary. ********~***************~****~r****~*********~r***~r******~*~~~r**~~r* Regular Meeting PCM-8-155 November 2a, 1989 ~ . . ~ • Cm. Okun indicated that the intersection at The Green Store was already overloaded. Mr. Kinzel indicated that there would be Iess traffic during church activities than there would be at the usual rush-hour time period. Cm. Burnham asked Staff if the City had monitoring requirements regarding the historical character of the site. Ms. O'Halloran indicated that ther~ were interior modifications to the building, however, Staff would review the site to make sure the historical characteristics of the building ~rere kept intact. Mr. Mark Bigelow, Applicant, described his church organization. He indicated that the church was in favor of preserving, as well as encouraging, the histarical nature of the site. Community churches were known ta take good care of their property. Cm. Zika indicated that he hoped the Applicant would stay in the facility far a long time and suggested that their organization look into developing their da~rcare uses. The City was in need af more daycare facility. Cm. Burnham asked if the kitchen facilities that were located downstairs were acceptable to Staff. Ms. O'Halloran indicated that the kitchen was in compl.iance with all zoning regulations. Cm. Burnham asked if there would be weekend residency accommodations at the faaility. Mr. Bigelow indicated that there wauld be a passibility of weekend minister groups and the facility was set up to accommadate them. This would be a temporary use, not a permanent setup. Ms. O'Halloran indicated that the conditions of approval allowed ancillary uses. The Planning Commission discussed the sleepover situation and indicated they aceepted Staff's recommendations. Cm. Burnham closed the public hearing. On motion from Cm. Mack, seconded by Cm. Okun, with a vote of 4-~ (one absent), the Planning Commissian adopted RESOLUTION NO. 89-052 ADOPTING A NEGATTVE DECLARATION OF ENVIRaNMEN'~'AL SIGNIFICANCE CONCERNING PA 89-117 FIRST CHRISTIAN CHURCH CONDITIONAL USE PERMIT ********~*******~**********~r~r~*********~~r**********~r*******~***** Regular Meeting PCM-8-156 November 20, 1989 . • i RESOLUTION NO. 89-Q53 ADOPTING PA 89-117 FIRST CHRISTIAN GHURCH CONDITIONAL USE PERMIT FOR A CHURCH FACILITY AT 11873 DUBLIN BOULEVARD SUBJECT: PA 89-062 Hansen Hill/Bren Co. Tentative Map, planned develapment, prezoning and annexatian request for 180 single-famil~ lots on approximately 51 acres with approximately 95.85 acres of open space located on the west side of Silvergate Drvie, north of Hansen Drive (continued from November 6, 1989) Cm. Burnham asked for the Staff Report. Ms. O'Halloran indicated that this item had been continued from the November 6th Planning Commission meeting in order for the Commission to consider additional information regarding the mitigation measure requiring the improvements on Dublin Boulevard, Silvergate Drive and Hansen Drive. Ms. O'Halloran indicated that at the November 6th meeting, the Commission conducted a public hearing on the Planned Development Prezoning, Tentative Map and Annexation, closed the puhlic hearing and directed Staff to 1) have the traffic consultant available at the next meeting to discuss the traffic signal issue; 2) provide plans indicating sidewalk locations on the site and indicate where the Applicant and Staff di.ffer; 3) provide information on radon testing; and 4) revise the resolutions to include the Planning Cammission's recammendations fram the November 6th meeting. She indicated that the Commission's recommendations have been included in the draft resolutions of approval. Ms. O'HalZoran indicated that Chris Kinzel of TJKM was in the audience to make a presentation on the Traffic Study. She also indicated that the Commission received a letter from the Applicant's at~orney stating the Applicant's position regarding the signal at Dublin Boulevard/Silvergate Drive and a confidential memo to the Co~unission from the City At~orney concerning this matter was distributed to the Commission. Ms. O'Hallaran indicated that Attachment 9 of the Staff Report indicates the three sidewalk locations recommended by~ Staff. Staff recommends these sidewalks in order to provide safe accessible pedestrian circulation throughout the project. Ms. O'Halloran discussed the sidewalk locations with the Commission from the wall map. She indicated that the blue markings on the wall map were where Staff and Applicant agreed on the sidewalk location and and the green markings were where the *****************~*************************~r***~****~**********~e* Regular Meeting PCM-8-157 November 20, 1989 • . . , ~ ~ Applicant proposed no sidewalks and Staff was recommending sidewalks. ~ Ms. O'Halloran indicated that where Staff recommended the I sidewalks to be located would eliminate ped~strians from making unsafe illegal midblock crossings as well as eliminating awkward sidewalk segments which began and ended in midlalock. Ms. O'Halloran indicated that Staff had surveyed various surrounding cities and counties regarding the requirements for radon testing. None af the cities sur~eyed required testing and Attachment 10 and 11 provided additional information for the Cammission on the radan issue. Ms. O'Halloran indicated that at the Nave~er 6th meeting, the Applicant had reguested that item #2 under the Planned Development General Yard Provisions be modified to allow 3 foot projections instead of 2 foot projections. Staff had no zoning or planning concerns, hawever Staff needed to discuss the issue with the Building Official to make sure there were no building code. Staff had discussed the concern with the Building Official and he indicated that there were no building code conf licts. Staff recommends the Commission modify condition #3, item #2 under the General yard Provisions to allow 3 foot projections. Ms. O'Halloran indicated that the Gommission had closed the public hearing at the November 6th meeting and directed Staff to revise the draft resolutions. Staff recommended that the Commission reapen the public hearing to consider the issues regarding the Negative Declaration, the sidewalk locations and the projection into the required yards; hear the Staff, Consultant, and Applicant's presentation; take public comment and questions; and close the public hearing. Ms. O'Halloran indicated that Staff recommended the Cammission adopt the five resolutions recommending City Council approval that were attached ta the Staff Report as exhibits. Ms. O'Halloran indicated that there was a correction to the 4th "whereas" on Exhibit C. It should read "...approval of the Planned Develapment Prezoning...". Cm. Mack asked if there was radon literature available for the public's use. Ms. O'Halloran indieated yes. Cm. Burnham had concerns regarding the radon issue and asked if the City would be liable if radon was found on the site. Mr. Tong indicated that if radon was detected during the construction stage, then the developer would need to disclose this information at that time. **************~******************~r************~~**~******~******* Regular Meeting PCM-8-158 November 20, Z989 ~ ~ Cm. Burnham re-opened the public hearing. ' Mr. Chris Kinzel, TJKM, made a presentation regarding the traffic issues on Dublin Boulevard and Silvergate Drive. On the overhead screen, Mr. Kinzel showed the Commission how the intersection at Silvergate and Dublin Boulevard would be constructed. The Traffic Study, as well as Staff, recommended Dublin Boulevard be redesigned with 4 lanes extended from San Ramon Road to Hansen Drive. The Study discussed the traffic conditions and needs presently as well as with the future Hansen Hill and Donlan Canyon projects and there were ongoing studies involving the West Dublin area. Mr. KinZel noted that the Eden CanyonjI-580 interchange and Schaefer Ranch Road/I-580 interchange were being considered with the West Dublin studies. If the Schaefer interchange is not installed, then a signal could be justified. Mr. Kinzel indicated that he wanted to encourage the use of Dublin Boulevard and discourage the use of Silvergate Drive. He indicated that he tried to take into aceount the future developments and at this stage, traffic volumes were at a moderate level and would not require a signal. Cm. Okun asked if the church traffic on Sunday at the intersection had been taken into account. Mr. Kinzel indicated that the redesign of the intersection would eliminate any confusian for entering and exiting the church site. Cm. Zika asked Mr. Kinzel how long should someone have to wait at an intersection. Mr. Kinzel indicated that at an intersection with a signal, such as Dublin Boulevard and San Ramon Road, yau might wait as long as I 1-1/2 rninutes. Cm. Zika expressed h~.s concern regarding the stop sign installation and indicated that he would prefer to see a signal installed. Mr. Kinzel indicated that the traffic volumes that would exist in the future on Dublin Boulevard and Silvergate Drive would fall short of requiring a traffic signal. Cm. Burnham asked Mr. Kinzel what the traffic had to get to in order to accommodate a traffic signal. Mr. Kinzel speculated that the traffic would have to increase 2-1/2 to 3 times before warranting a traffic signal. Mr. Kinzel indicated that the Public Works Director could determine what the percentage of cost would be to the Applicant Regular Meeting PCM-8-159 November 20, 1989 r - . ~ ~ The Planning Commission continued the item indefinitely. NEW OR UNFINISHED BUSINESS Mr. Tong indicated that the Commission had asked if they were allowed to amend the date of a Planning Commission meeting. He indicated that the existing Planning Commissian Rules of Procedures allows the Commission to change the date of a Commission meeting with proper notification. * * * ~r OTHER BUSINESS Mr. Tong indicated that Staff had pre-notiGed the Hansen Hill application and the City Council will be discussing the item at their meeting of November 27th. * ~r * * PLANNING COMMISSIONERS' CONCERNS None * * ~r * ADJOURNMENT There being no further business, the meeting was adjourned at 9:15 p.m. * * * * Respectfully ubmitted~ ~ ` ~ Planning Commiss' ~h~irperson ~ Laurence L. Ton Planning Directo ~ * ~ * ******~*~******~*************~~*********~r*~***~r**~*******~*****~r* Regular Meeting PCM-8-162 November 20, 1989