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HomeMy WebLinkAboutPC Minutes 07-17-1989 ~ • ~ , Regular Meeting - July 17, 1989 A regular meeting of the City of IIublin Planning Gommission was held on July 17, 1989, in the Meeting Room, Dublin Library. The meeting was called to order at 7:30 p.m. by Cm. Barnes, Chairman. ~c~~* ROLL CALL PRESENT: Commissioners Barnes, Burnham, Mack, Okun, and Zika; Laurence L. Tong, Planning Direetor; Rod Barger, Senior Planner; Maureen 0'Halloran, Senior Planner; and Gail Adams, Planning Secretary. ~~~~c PLEDGE OF ALLEGIANCE TO THE FLAG Cm. Barnes 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 The minutes of June 19, 1989 an:d July 5, 19$9 were approved. ~ ~ ~ ~ ORAL COMMUNIGATIONS None ~ ~ ~ * WRITTEN COMMUNICATIONS Mr. Tong advised that the Commission had received various action letters. ~ ~ * * ~**~~~~~~~~~~~~~~~~*~~~c~~~~~~~~~~~~~~**~r~~~~~r~~~***~~~~~r~~~*~~r~~~~~~~c~~~~~~~~~~ Regular Meeting PGM-8-114 July 17, 1989 S • • PUBLIC HEARINGS SUBJECT: PA 89-079 Jimmy 0'Gil's Irish Pub Conditional Use Permit request to allow commercial recreation activity (dance floor) at 6991 Donlon Way Cm. Barnes opened the public hearing and called for the Staff Report. Ms. 0'Halloran indicated that this application was for a Gonditional Use Permit requesting the expansion of the tavern/restaurant to include a commercial recreation activity (dance floor). Ms. 0'Halloran indicated the site contained 24 on-site parking spaces and this was adequate parking for the proposed use. The site shares a reciprocal ingress, egress and parking easement with the adjacent Heritage office complex. Ms. 0'Halloran indicated that the application had been reviewed by all pertinent agencies. She indicated that the conditions of approval contained restrictions on hours of operation, parking lo~ lighting and the removal of promotional banners being displayed without an Administrative Conditional Use Permit. Ms. 0'Halloran indicated that Staff recommended approval of the application. She indicated that the Applicant was in the audience if there were any questions. Mr. James Kleimer, Applicant, indicated that he had been operating the business for 1-1/2 years and was requesting a dance permit at this time. He indicated that the business was operating very well and no problems have occurred. Ms. 0'Halloran indicated that the illegal banner displays needed to be taken down. Mr. Kleimer indicated that the banners had been removed; however he did not receive a copy of the draft resolution in the packet he received. The Applicant and Commission discussed the exits within the establishment. Cm. Zika questioned the "two bouncer" requirement which was usuaZly included in the draft resolut'ion; however had not been included on this item. Ms. 0'Halloran indicated that thi~ condition had been excluded by the Police Department because that amount of seeur3.ty was not necessary for this business. The wording of the condition is flexible enough to allow the Police Department to require bouncers if it is determined necessary in the future. The Police Department in issuing the Dance Permit would develop a specific list of conditions which the Applic~nt must sign and agree to comply with. Cm. Zika expressed his concerns xega.rding the deletion of the security condition. He indicated that some establishments were required to have two bouncers and now there was an exception to the rule. ~~~~r~~*~~~~~~~~~~~~~*~~~~~~~~~~~~~r~~~~~*~~~~~~~~~~~r*~r~r~~~~~~~~~~r~~~~r~~~~*~~~~x Regular Meeting FGM-8-115 July 17, 1989 • ~ Ms. 0'Halloran indicated that each application is reviewed on a case by case basis and that this application before the Commission was of a much smaller scale. Mr. Tong indicated that previous conditional use germits required the Police Department to work with the Applicant. However, the Police Department is now modifying the conditions of approval before going to the Planning Commission with the conditions. Mr. Kleimer indicated that there was a doorman on site and there were not any problems occurring. Mr. Kleimer questioned the condition requiring no outdoor amplified music. He indicated that he would like to have a special one-day event during the weekend and asked if a one-day permit could be approved. Ms. 0'Halloran indicated that this was not typically ailowed on a regular basis, however, the Applicant could apply for an Administrative Conditional Use Permit as a special event. Cm. Barnes closed the public hearing. On motion from Cm. Burnham, seconded by Gm. Mack, and with a vote of 5-0, the Planning Commission adopted RESOLUTIO~ N0. 89-040 APPROVING PA 89-079 JIMMY 0'GIZ'S IRISH PIIB CONDITIONAL USE PERMIT TO EXPAND THE TAVERN/RESTAURANT USE TO ESTABLISH A COMMERCIAL RECREATION ACTIVITY (DANCE FLOOR) WITHIN THE EXISTING BAR/RESTAURANT AT 6991 DONLON WAY SUBJECT: PA 89-072 Amador Auto Brokerage Conditional Use Permit request to ~stablish a 6244 square foot auto brokerage use within an existin~ auto center, and to allow the use of five on-site parking spaces to display new cars located at b032 Dougherty ROad Cm. Barnes opened the public hearing and called for the Staff Report. Mr. Barger indicated that the proposal involved a Conditional Use Permit request to establish a auto brokerage facility within the Amador Auto Center located at 6032 Dougherty Road. The Applicant is requesting that he be able to display of a maximum of five automobiles within the parking lot of the site. Planning Gommission Resolution No. 87-036 (adopted on May 18, 1987) for the construction and use of thfs auto center r~quires that a Gonditional Use Permit be processed when involving automobile sales with exterior display of vehicles on the site. Mr. Barger indicated that the site contained two buildings and the Applicant proposed to operate his auto brokerage business within the larger 31,6D0+ square foot building. Mr. Barger indicated that if the most restrictive City parking requirements were used, 80 parking spaces were required for this site. There are exactly 80 parking spaces available on tha property. Regular Meeting PCM-8-116 July 17, 1989 • • Mr. Barger indicated that Staff was recommending that the Applicant's request be approved for three years or until the Planning Director determines that this activity causes parking availability problems on the site. Staff is making this recommendation because no parking problems presently exist and the use is consistent with the intent of the land use criteria established for the site. Mr. Barger indicated that if at any time during the effective period of approval the Planning Director finds that the exterior storage and display of automobiles causes parking problems, then the exterior parking and display of vehicles shall cease. Any additional outdoor storage or display of automobiles will have to be considered through the Conditional Use Permit process. Mr. Barger indicated that Staff recommends approval of the Conditional Use Permit application. Cm. Zika asked if the 5 spaces shown on the drawing were specific parking spaces to be used by the auto brokerage. Mr. Barger indicated yes. Cm. Barnes asked if the displays were for both used and new vehicles. Mr. Barger indicated that the new and used vehicles would be allowed to be sold on the site, however, exterior storage and display is limited to new vehicles only. Cm. Burnham had concerns regarding the unrestrictive sign advertisement. Mr. Barger indicated that the sign advertisements would be subject to Planning Department approval. Mr. Tong indicated that Staff would use sign criteria that has previously been required, such as not allowing A-frame signs, new vehicle signage oniy, etc. Cm. Burnham asked if there would be any conflicts with the surrounding tenants regarding sign requirements. Mr. Tong indicated that the sign requirements were the same as any other car display businesses. Cm. Okun asked if there would be signs posted to prevent others from utilizing those 5 specific parking spaces. He had concerns that other vehicles would illegally park on the site. Mr. Tong indicated that the property owner is responsible for posting "illegal parking" signs. The Police Department would not get involved with towing cars unless requested by the property owner. Mr. Tong indicated that conditional use permits do not regulate parking. He indicated that a condition could be added to require the property owner to post the proper signs. ~~~~~*~~~~t~~~~~c~~~~~~~~~~~c~~~~~r~~c~~~~~c~~~~~~~~~~~~~~~~c~r~~~c~~~c~~~~~~~~~~c~~~~ ~x Regular Meeting PGM-8-117 July 17, 1989 ' • • Dan Stuber, representative for the Applicant, asked what the correct procedure would be when the approved use permit expired. Mr. Barger indicated that he would need to process a new Conditional Use Permit application. Mr. Stuber indicated that there were two lots on the site with plenty of spillover parking spaces. He indicated that the sign displays would be attractive and that he would be checking the site regularly. Mr. Stuber indicated that he would adequately post towing regulations. Cm. Zika asked what type of vehicles would be on the site. Mr. Stupert indicated that the vehicles would be new or like-new, American made cars. Cm. Barnes closed the public hearing. Cm. Barnes had concerns regarding used vehicles far sale being parked on the streets. Cm. Burnham indicated that he did not see any problems with approving the application. Cm. Mack concurred witih Cm. Burnham. Cm. Okun asked if the Police Departrnent could take care of the used car lot problem on the street. Mr. Tong indicated that there was a 72 hour parking limit. He indicated that the used vehicles for sale were on a private lot. The Zoning Investigator could talk with the property owner to remedy the problem. On motion from Cm. Zika, adding Condition #19 requiring parking requirements to be posted on the premises, seconded with Gm. Okun, with a vote of 4-1, the Planning Commission adopted RESOLUTION N0. 89-041 APPROVING PA 89-072 AMADOR AUTO CENTER AUTO BROKERAGE CONDITIONAL USE PERMIT REQUEST AT 6032 DOUGHERTY ROAD SUBJECT: PA 87-012 Donlan Canyon (Blaylock, Gleason & Fletcher) General Plan Amendment request to include approximately 197 acres of pro~eefi site within the City's Primary Planning Area, to desi~nate 19.1 acres for medium-high density residential, 13 ac~es for single-family residential and 164.9 acres for open ~pace. Subsequent applications pending General Plan Amendment action will include Planned Development Prezonin~~ Subdivision and Annexation (continued from the July 5, 1989 meeting) Regular Meeting PGM-8-118 July 17, 1989 • ~ Cm. Barnes opened the public hearing and called for the Staff Report. Ms. 0'Halloran indicated that this item had been continued from the July 5th Planning Commission meeting. The Commission had directed Staff to prepare the appropriate resolutions recommending approval of the General Pl.an Amendment and Environmental Impact Report. Ms. 0'Halloran indicated that at the previous meeting, the fire impact fee issue was discussed. Harold Ritter, Fire Chief of DRFA was contacted to determine whether additional mitgation measures were required to ensure that the developer contributed additional funds that were needed for additional fire stations. Mr. Ritter indicated that additional mitigation related to future fire stations was not required. Ms. 0'Halloran stated that there were three resolutions attached. The first resolution attached as Exhibit A is making findings and recommending City Council certification of the Final EIR; the second resolution attached as Exhibit B is recommending City Gouncil adoption of the Mitigation Monitoring Program; and the third resolution attached as Exhibit C is recommending City Council adoption of the General Plan Amendment. Ms. 0'Halloran indicated that Staff recommended that the Commission adopt the three attached draft resolutions. She indicated that at the last meeting the Monitoring Program had not been prepared. The document is now ready and the Commission should discuss the matter with Staff and take public testimony. Ms. 0'Halloran discussed the monitoring program with the Commission. She indicated that the monitoring program showed what the imgacts were, what the mitigation could be and which department would be lead agency involved with the mitigation measures. George Thomas, The Paragon Group, requested that the Commission approve the three resolutions attached to their staff report. Cm. Barnes closed the public hearing. Cm. Mack asked Staff when in the planning process would the park dedication occur. Ms. 0'Halloran indicated that the park dedication would occur at the subdivision level and the Planning Department is the lead agency. The Public Works Department reviews the technieal engineering aspeet of the project and the Parks & Recreation Department as well as ather agencies would review and comment on the issue. Cm. Mack asked what would happen if the land was not accepted by the City. Ms. 0'Halloran indicated that the City Council would decide if they wanted to accept the park dedication. Ms. 0'Halloran indicated that the General Plan zoning on the land will remain the same, as open space. The of€ering of dedication is not a General Plan issue. This issue would be discussed further at the Tentative Map level. x~'c*~c*x~Y~Y~~Y~Y~Yx~c~Y~Y~~Y~c*~'edc~c~Y~Y~~Y~Fx~kx~Y~k~e~'r*~Y~'tt*~~~kSY~'e~Y~t~Y~'r~F7Y~Y~Yx~+c7F7t~t~Y~Y3t~tdt'~~c~Y*dc~Y~k~~Y~Y~Y~Y~c~Yx k Regular Meeting PGM-8-119 July 17, 1989 ~ ~ • The Commission and Staff discussed the park dedication issues. Mr. Tong indicated that there could be many reasons why the City would not accept the park dedication. If there were extremely steep slopes or a landslide area, for example, the City would see the land as potentially dangerous. He indicated that the park dedication would take place at the Subdivision/Tentative Map processing stage. Cm. Zika asked if the project could be held up at the Tentative Map stage until the Commission receives enough information regarding the park dedication. Mr. Tong indicated that the issue of park dedication would need to be resolved at the Tentative Map processing stage. Cm. Burnham asked which publication of the Uniform Building Code was being used by the City. Mr. Tong indicated that whatever Uniform Building Code has been adopted by the City at the time the building permits were issued. On motion from Cm. Okun, seconded by Cm. Mack, with a vote of 5-0, the Planning Cornmission adopted RESOI.UTION N0. 89-042 MAKING FINDINGS PURSUANT TO CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) AND RECOMMENDING THE CITY COUNCIL CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT, FOR PA 87-012 DONLAN CANYON GENERAL PLAN AMENDMENT RESOLUTION N0. 89-043 RECOMMENDING CITY COUNCIL ADOPTION OF A MITIGATION MONITORING PROGRAM FOR PA 87-012 DONLAN CAN~ON RESOLUTION N0. 89-044 RECOMMENDING CITY COUNGII. ADOPTION OF GENERAL PLAN AMENDMENTS FOR PA 87-012 DONLAN CANYON * ~ * ~ NEW BUSINESS OR iTNFINISHED BUSINESS Mr. Tong indicated that the Planning Commission would be discussing the two Chevron Station applications at the next seheduled meeting. ~ ~ * ~ OTHER BUSINESS Cm. Mack asked when the Planning Com~ission's compensation would be activated, Mr. Tong indicated that the City At~orney's o£fic~ was reviewing the situation and Staff has not heard back from them yet. x~~~~~*~~~~~~~~~~~~~r~~~c~t~~~~~~~~*~~~~~~~~~r~~~~~*~~~~~~~~~~~~~~r~~~~~~~~.~~~ Regular Meeting PGM-8-120 July 17, 1989 , _ . . ~ • ~ ~ ~ ~ PLANNING COMMISSIONERS' GONCERNS Cm. Okun asked about the construction work on Silvergate Drive and Dublin Boulevard. He had concerns regarding the grading and elevation of the project. Mr. Tong indicated that the Public Works Director reviewed the grading permit; however he would talk further with the Public Works Director regarding the elevation concern. Cm. Burnham and Cra. Mack discussed the two Zoning Administrator items regarding spa locations in setback areas. Cm. Mack suggested that the City might want to look into a newsletter article regarding setback requirements. Mr. Tong agreed with Cm. Burnham and Cm. Mack. Cm. Barnes requested Staff to have a janitor's key available for access to the air conditioning controls. Cm. Barnes indicated that there were an excess amount of vehicles at the Enterprise car rental business. Mr. Tong indicated that a letter had been submitted to Enterprise and Enterprise had indicated that there had been a change in management recently and would comply with the required conditions. ~ ~ ~ ~ ADJOURNMENT There being no further business, the meeting was ad~ourned at 9:00 p.m. ~ ~ ~ * Respe fully submit d, ~.~1~ ~t/~~~ Planning Commis ' i erson Laurence L. Tong Planning Director ~ ~ ~ ~ ~~~~~e~~~t~~~~~e*~c~~~e~~~~~~~~r~~~~~~~nt~~~e~*~~~~~c~~~~c~c~~~~~~~~~r~~~~~~r~~~e~~~~~~~~~r x Regular Meeting PCM-8-121 July 17, 1989