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HomeMy WebLinkAboutPC Minutes 05-15-1989 ~ • Regular Meeting - May 15, 1989 A regular meeting of the City of Dublin Planning Commission was held on May 15, 1989, in the Meeting Room, Dublin Library. The meeting was ~aiiea to order at 7:00 p.m, by Cm. Barnes, Chairman. ~ ~ ~ ~ ROLL CALL PRESENT: Commissioners Barnes, Burnham, Mack, Okun, and Zika; Laurence L. Tong, Planning Director; Maureen 0'Halloran, Senior Planner; Laura Hoffineister, Associate Planner and Gail Adams, Planning Secretary. ~ ~ ~ ~ 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 May 15, 1989 were held until the June 5, 1989 meeting. ~ ~ ~ ~ ORAL COMMUNICATION5 None ~ ~ ~ ~ WRITTEN COMMUNICATIONS Mr. Tong advised that the Commission had received 5 action letters. Regular Meeting PCM-8-64 May 15, 1989 . ' • • ~ ~ ~ ~ PUBLIC HEARINGS SUBJECT: PA 89-027 Little Kids Learning Center Preschool Conditional Use Permit request to maintain existing use of the 3 building site as a daycare facility for up to 91 children located at 11760 Dublin Boulevard Cm. Barnes opened the public hearing and called for the Staff Report. Ms. Hoffineister indicated that the Applicant was requesting approval for a Conditional Use Permit to allow the continued operation of the existing preschool and childcare facility. The use would be slightly modified by discontinuing infant care and expanding care for children up to 7 years of age. The State requires a maximum limit of 91 cildren for this site. Ms. Hoffineister indicated that the site contains 3 buildings with approximately 4,000 square feet of floor space with two fenced play yard areas. The Applicant had requested changing the starting hour of operation from 7:00 a.m, to 6:45 a.m., which would mean the hours of operation would be from 6:45 a.m. to 6:00 p.m. Ms. Hoffineister indicated that minor modifications made by the Applicant in 1984 were installing frontage improvements, drainage system, landscaping and fencing of the play area and property line. She indicated that the site contains a total of eight parking spaces with a circular driveway for dropping off and picking up children. She indicated that the Applicant and Staff had discussed adding language to Condition #14 requiring a thirty calendar day time limit for the landscaping improvements. Ms. Hoffineister indicated that the site signs have been reviewed and the Applicant will need to comply with current zoning requirements, which involves removal of an illegal sign placed on top of the fence. Ms. Hoffineister indicated that Staff was recommending the use permit be approved for three years, with a possible administrative extension of two additional years thereafter: Cm, Okun asked if all fire department and other agency requirements had been met. Ms. Hoffineister indicated yes. Ms. May Yen, Applicant, indicated that she would comply with all of the City's requirements. She indicated that the school has had exceptional service since 1977, was a member of PACE, and have had no complaints in 12 years. Cm. Okun asked the Applicant if all insurance requirements had been met. Regular Meeting PCM-8-65 May 15, 1989 e ~ • • Ms. Yen indicated yes. Cm. Barnes closed the public hearing. Cm. Barnes asked for clarification on Item #11 - how long before the expiration of the permit did the Applicant need to request renewal. Mr. Tong indicated that anytime before the permit expired was adequate. On motion from Cm. Zika, with the time being changed to 6:45 a.m. in Condition #2 and additional language added by Staff in Condition #14, seconded by Crn. Okun, with a 5-0 vote, the Planning Commission adopted RESOLUTION N0. 89 - 020 APPROVING PA 89-027 LITTLE KIDS LEARNING CENTER CONDITIONAL USE PERMIT TO CONTINUE OPERATION OF A PRESCHOOL/DAYCARE AT 11760 DUBLIN BOULEVARD SUBJECT: PA 89-014.2 Rainbow Investment Conditional Use Permit request to allow outdoor seating and eating at Erik's Delicafe Restaurant located at 7601 Amador Valley Boulevard Cm. Barnes opened the public hearing and called for the Staff Report. Ms. 0'Halloran indicated that the Applicant was requesting approval of a Conditional Use Permit for outdoor seating at an existing restaurant. The Commission had approved the restaurant use on November 7, 1988, as a conditional use consistent with the Planned Development general provisions. Ms. 0'Halloran indicated that the outdoor seating area would be approximately 360 square feet with 16 seats on the west side of the existing restaurant on an existing patio area. Ms. 0'Halloran indicated the main concerns with an outdoor seating area would be parking, noise and trash. Ms. 0'Halloran indicated that the site contains 31 on-site parking spacas. The existing restaurant use requires 15 parking spaces and the proposed outdoor restaurant use requires 6 parking spaces. The existing real estate office and vacant tenant space require approximately 8 or 9 parking spaces. This brings the required parking spaces to 29 or 30. She indicated there was sufficent parking available on the site. Ms. 0'Halloran indicated that conditions are included in the draft resolution prohibiting loud speakers and amplified music and restricting delivery hours. Ms. 0'Halloran indicated that a condition is included in the draft resolution requiring two trash receptacles within the outdoor patio area. Ms. 0'Halloran indicated that Staff recommends approval of the Conditional Use Permit. Cm. Okun asked if there were any changes in the conditions from the previous approval. ~~~~~~~~~~~~~~~c~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~s~~~~~~~~~~~~~~~~~ Regular Meeting PCM-8-66 May 15, 1989 . . ~ • Ms. 0'Halloran indicated that there were conditions added and this resolution would supersede the previous approval. She indicated that the previous permit is due to expire in one year and this approval will extend the permit for two years. Mr. Bob Glockner, Applicant, clarified that the patio area would be located within enclosed fence area. Cm. Zika asked if there were plans to modify the driveway om Starward Drive. He was concerned that the driveway was dangerous. Mr. Glockner indicated that there were no current plans in revising the driveway. Mr. Wyant, manager of Erik's Delicafe, indicated that he was frequently at the site and the driveway did not seem dangerous. Mr. Tong indicated that Staff would look at the site distance when processing the Site Development Review approval. Cm. Barnes closed the public hearing. Cm. Burnham asked who was responsible for obtaining food service permits. Mr. Tong indicated that the Applicant was required to contact the health department to secure all environmental health permits. Cm. Burnham asked why the Site Development Review approval was not being addressed. Ms. 0'Halloran indicated that the Applicant had requested that the Site Development Review be approved separately for time efficiency. On motion from Cm. Okun, seconded by Cm. Mack, and with a vote of 5-0, the Planning Commission adopted RESOLUTION N0. 89 - 021 APPROVING PA 89-014.2 RAINBOW INVESTMENT ERIK'S DELICAFE CONDITIONAL USE PERMIT REQUEST TO EXPAND THE ERISTING RESTAURANT USE TO INCLUDE A 3b0 SQUARE FOOT (16 SEAT) OUTDOOR SEATING/EATING AREA AT 7603 AMADOR VALLEY BOULEVAR.D SUBJECT: PA 89-041 Villa~es at Alamo Creek - Planned Development Rezoning request to modify Condition #53 of the Planned Development approving the Villages (PA 85-041.1) located at Dougherty Road, Amador Valley Boulevard and ALameda/Contra Costa County lines Regular Meeting PCM-8-67 May 15, 1989 . • ~ • Cm. Barnes opened the public hearing and called for the Staff Report. Mr. Tong indicated that the Applicant, Ron Nahas, is requesting to modify Condition #47 of the Planning Development approved for the Villages (PA 85- 041.1). The City Council granted approval for the Planned Development district on March 24, 1986. Staff has determined that it is appropriate to consider this request through the Planned Development rezoning process. Ms. Tong indicated that Condition #47 states that the project developer is required to pay for construction of a right-hand turn lane. The Applicant would like to replace Condition #47 with the following: The developer shall be responsible for installing the underground duct work, vaults, and accessory structures (excluding conductors, transformers, switches or other electrical equipment) as required far the future undergrounding of the P.G.&E overhead wires on Dougherty Road in the area of the street improvements provided for under Condition #53 Developer shall provide duct work, and pull boxes for future street lights, but no bases or poles. Developer shall stub out ducts for all future services at the property line. Upon completion of duct work street improvements, as provided under Condition #53, all facilities shall be conveyed to the City for use in future undergrounding of wires. Mr. Tong indicated that Lee Thompson, Public Works Director, had been informed of the change and was presently in the audience if additional questions arose. Mr. Tong indicated that since a right-hand lane had already been striped on Dougherty Road at Dublin Boulevard, the intent of Condition #47 had temporarily been met. The developer would still be responsible for the construction of the right-hand turn lane, therefore mitigating traffic impacts would be satisfied. Mr. Tong indicated that Mr. Thompson has provided a memorandum on cost impacts to the City and Developer and the cost impact would be beneficial to all parties involved. Mr. Tong indicated that Staff recommended the Commission approve the request and forward it to the City Council. Mr. Lee Thompson clarified that the City, not the Developer would be responsible for the cost impacts. Mr. Ron Nahas, Applicant, indicated that he was talking with the phone and power companies regarding this project. He indicated that a bond had been posted and the underground work was being done. He stated that the approval would be a winning situation for everyone involved. Cm. Barnes closed the public hearing. Cm. Burnham asked what the time schedule was for completing the work. Mr. Thompson indicated that the project should be completed within six months. On motion from Cm. Burnham, seconded by Cm. Okun, and with a vote of 5-0, the Planning Commission adopted ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~c~~~~*~c~~~~~~~~~~~~*~~~~~~~~~~~~~~c~~~c~~~c~~~~~ Regular Meeting PCM-8-68 May 15, 1989 , . ~ i RESOLUTION N0. 89-022 RECOMMENDING THE CITY COUNCIL ESTABLISH FINDINGS AND PROVISIONS FOR THE APPROVAL OF PA 89-041, VILLAGES AT ALAMO CREEK PLANNED DEVELOPMENT REZONING REQUEST TO MODIFY CONDITION #47 OF PA 85-041.1 (CITY COUNCIL RESOLUTION N0. 31-86) SUBJECT: PA 87-012 Donlan Canyon General Plan Amendment request to include 197+ acre pro_ject site within the City's Primary Plannin~ Area designating 19.1 acres for medium-high density residential and 164.9 acres for open space located north of Dublin Boulevard, westof Silvergate Drive, an unincorporated portion of Alameda County (continued from the May l, 1989 meetin Cm. Barnes opened the public hearing and called for the Staff Report. Ms. 0'Halloran indicated that this application had been continued from the May 1, 1989 Planning Commission meeting in order to receive additional comments on the Draft EIR and a field trip had been held on May 13, 1989. She indicated that the public review period for the Draft EIR ends on May 15, 1989. Ms. 0'Halloran indicated that at the May lst Planning Commission meeting the following comments were discussed: placement of single-family units; view of multi-family units from I-580; density of multi-family area; traffic and circulation at Dublin Boulevard/San Rarnon Road intersection; trails in the open space area; impacts on schools; public services; and soil stability. She indicated that the Final EIR will include responses to all of the comments received during the public review period and should be ready for review at the June 19, 1989 meeting. Ms. 0'Halloran indicated that Jennifer Toth from EIP Associates and Chris Kinzel, TJKM, were in the audience if any questions arised. Mr. Mike Gleason, the Applicant, thanked everyone for coming to the field trip. He indicated that he had made some grading revisions to the development so that the visual impacts from I-580 would be eliminated. He stated that units would not project above major or minor ridgelines. He showed photographs of the proposed revision and indicated that the additional hill would disguise the homes from the scenic corridor. Mr. Gleason indicated that the cumulative traffic impacts with or without the project would be a LOS F. The mitigation measures would bring the impacts to LOS D. Mr. Bob Doyle, East Bay Regional Park District, was on the field trip and he introduced Maxine Turner, Chief of Planning for East Bay Regional Parks District who was in the audience. Mr. George Thomas indicated that he would be available to answer any questions or concerns. ~~~~~~~~~~~~~~~~~~~~~~~c~~~~~~~~~~~~~~~~~~~~c~~~c~~~~c~~~~~~~~~~~~~~~~~~~~~~~~ Regular Meeting PCM-8-69 May 15, 1989 ~ • ~ ~ Cm. Burnham asked Mr. Chris Kinzel, TJKM, if the Hopyard Road overpass construction had any affect on the level of service on Dublin Boulevard and San Ramon Road intersection when the counts were taken. Mr. Kinzel indicated yes it may have, however, this has not been studied or analyzed. The Hopyard overpass had been monitored for a number of years. There has been some increase in traffic during the last year. There has been some development in the downtown area and in the hills and the level of service was now in the "E" range. However, after mitigation measures have been adopted, the range will end up at a level of service "D", which would include all new proposed development. Zev Kahn asked what the impacts would be when Bart was built. Mr. Kinzel indicated that with the possible Bart construction, the west side of the Hopyard overpass would have to be replaced. Marjorie LaBar, PARC, had concerns over preserving the open space area and would like to see alternative proposals for the front area of the site. ~ Cm. Zika had concerns over traffic congestion. He indicated that an additional patrol car would be needed and wanted this issue addressed in the Final EIR. Cm. Burnham and Mr. Gleason discussed the possible dedication of open space for park land and trails. Cm. Zika asked if there were provisions for an access road to the 170 acres of land that would be dedicated. Mr. Thomas and Mr. Gleason indicated that there would be a staging area with a loop access on the property, with trails through the trees. Cm. Okun had concerns over the traffic congestion on Dublin Boulevard and San Ramon Road. Mr. Kinzel indicated that the mitigation measures for this project were extensive. The mitigation measures would add a significant traffic capacity on the two boulevards, which would include additional lanes. Ms. Marjorie LaBar asked if the development fees or bonds could be used by the City to make improvements before congestion gets critical. Mr. Tong indicated that contributions usually take place at the Planned Development and Tentative Map approvals. Details of the impact fees are worked out at that time. These improvements would have to be in the CIP which is established in June. The Planning Commission continued the item to the June 19th Planning Commission meeting. Regular Meeting PCM-8-70 May 15, 1989 ~ ° ~ ~ ~ ~ ~ ~ NEW BUSINESS OR UNFINISHED BUSINESS SUBJECT: Review of Dublin Planning Commission Rules of Procedure Mr. Tong indicated that several commissioners had indicated an interest in reviewing the starting time for the Planning Commission meetings. Section III.A. of the Planning Commission Rules of Procedure states that the meetings will begin at 7:00 p.m. The Commission may revise the starting time. A 7:30 p.m. starting time rnay be more convenient for the general public, commissioners and Staff. Mr. Tong indicated that Section IV.A of the Rules of Procedure indicates that three affirmative votes are required to recommend matters to the City Council for adoption. This could prevent the Commission making recommendations to the City Council if one or two commissioners were absent. To avoid this potential situation, Staff recommends revising Section IV.A. to stat~: "No official action shall be transacted by less than the affirmative vote of a majority of the quorum present." Mr, Tong indicated that if the Planning Commission wished to make revisions to the Rules of Procedures, it should determine the wording of the revisions and adopt the revised rules by resolution. The Planning Commission unanimously agreed with leaving Section IV.A. as is. Cm. Barnes indicated that she would like to have the meetings start at 7:30 p.m., with no new item after 10:30 p.m. On motion from Cm. Okun, seconded by Cm. Mack, with a vote of 5-0, the Planning Commission changed the Rules of Procedures to show 7:30 p.m. as the starting time for the Planning Commission meetings. ~ ~ ~ ~ OTHER BUSINESS Mr. Tong indicated that the appeal for the Ashcroft and Petray variance will be on the City Council's agenda on May 22, 1989. Mr. Tong indicated that Crown Chevy, Valley Nissan, Payless, Shamrock Ford and Margett Arts & Craft use permit approvals would be on the agenda for the next Planning Commission meeting. ~c~~~ PLANNING COMMISSIONERS' CONCERNS None ~~~~~~~~~~~~~~~~~~~~~c~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~cs~~~~~~~~~~~~~~~~~~~~~~~ Regular Meeting PCM-8-71 May 15, 1989 . . ~ • ~ ~ ~ ~ ~ ~ ADJOURNMENT There being no further business, the meeting was adjourned at 8:38 p.m. ~ ~ ~ ~ Respectfully submitted, ,j 1 l~~ 9~~f ~ .•l~~~ . . Plafi~~ ing Comm ssion,.~ hairperson ~ Laurence L. Tong Planning Director ~ ~ ~ ~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~r~~~~ Regular Meeting PCM-8-72 May 15, 1989