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HomeMy WebLinkAboutPC Minutes 04-03-1989 . ~ • Regular Meeting - April 3, 1989 A regular meeting o£ the City of Dublin Planning Commission was held on April 3, 1989, in the Meeting Room, Dublin Library. The meeting was called to order at 7:00 p.m. by Cm. Barnes, Chairman. ~ ~ ~ ~ ROLL CALL PRESENT: Commissioners Barnes, Burnham, ~kun, and Zika, L3urence L. Tong, Planning Director; Rod Barger, Senior Planner; Maureen 0'H.311oran, Senior Planner; Laura Haffineister, Associate Planner and Gail Ada~.ns, Planning Secretary ~~s~~ PLEDGE OF ALLEGIANCE TO THE FZAG Cm. Barnes led the Commissian, Staff, and those present in the pledge of allegiance to the flag. ~ ~ ~ * ADDITIONS OR REVISIONS TO THE AGENDA None ~ ~c ~ ~ MINUTES OF PREVIOUS MEETING The minutes of March 20, 1989 were approved. ~ ~ ~ ~ ORAL COMMIJNICATION5 None ~ ~ ~ ~ WRITTEN COMMt7NICATIONS Mr. Tong advised that the Commission had received 3 action letters. ~c~Yxx~Y~Y:c k~F~Ys'~~~~st~~k~~Ys~~Y~Y~Y~~ti~s`c~Y~c~~Y~~~Y~: ~~~rx3r~~~k~~x~'c~Y~~Y~Y~~~~Y~Y~Y~~~C~~c*~cx~~r~sY~~Y~~Y~~ Regular Meeting PCM-8-40 April 3, 1989 • • ~ ~ ~ ~ PUBLIC HEARINGS SUBJECT: PA 89-007 A Child's World Daycare Conditional Use Permit request to re- establish a daycare fa~ility for up to 34 children at 7$90 Oxbow Lane (continued from the March 20, 198~ meeting) Cm. Barnes opened the public hearing and called for the Staff Report. Mr._Tong indicated that this item had been continued from the March 20, 1989 Planning Commission meeting to allow the Applicant time to submit a written withdrawal of the application. He indicated the written withdrawal had not been received and recommended the Commission to continue t:ze item indefinitely. Mr. Okun asked if this was the only way to praceed with this application. He asked if the application COUld ~E denied. Mr. Tong indicated that the necessary natices had not been mailed out, therefore a public hearing could not be held and a decisio~n could not be made. A indefinite continuance was the recommended alternative. The Planning Commission continued this item indefinitely. SUBJECT: PA 89-032 Stafford's Rastaurant Conditional Use Permit request to establish dancing within a portion of an existing restaurant lo~~nge area located at 6960 Amador Plaza Road Cm. Barnes opened the public hearing and called for the Staff Report. Ms. Hoffineister indicated that the Applicant was requestin~ approval £or a dance permit within a portion of the existing restaurant. The restaurant had changed ownership in 1984 to Staffords and previously was ~alled the Big Yellow House. Ms. Hoffineister stated that the proposed hours of operation for the dance activity would be from 8:30 p.m. to l:Od a.m., Thursday, Friday and Saturday evenings. There was no request for other days/times, howe~ver the recommended conditions would allow for weekday and weekend activities. Ms. Hoffineister stated that on-site parking was adequate. There were over 2000 parking spaces available due to being located in a large retail center. The dance use would not adversely impact the availability of on-site parking. Ms. Hoffineister indicated that the dance use was consistent with the land use designations and is compatible with the nearby retail/rest.aurant and commercial entertainment businesses. *~~~~~~x~~~~~~~~~~~*~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~*~~~~~~~k~k~~~~~~~~~~~~ Regular Meeting PCM-8-41 April 3, 1989 • • Ms. Hoffineister indicated that the application had been reviewed by all concerned City departments and conditions for the dance usa were provided within the draft resolution. Ms. Hoffineister indicated that Staff was recommending appr~val of the Applicant's request for a Conditional Use Permit for dancing subject to the conditions identified in the draft resolution. Mr. Okun had concerns over the language in paragraph A of the resolution. Was the word "required" necessary. Ms. Hoffineister indicated that this terminology is the req'aired finding and was the exact wording in the Zoning Ordinance. Cm. Zika asked if the approval was for the maintenance of the existing lighting or requiring additional lighting. Ms. Hoffineister stated that it was far the existing lighting. Larry Hake, Applicant, had concerns regarding Condition #7 of the resolution. He asked what the word "bouncer" meant. He indicated that if there were three bouncers seem to be somewhat extreme. Ms. Hoffineister indicated that the language was standard. Staff included language in paragraph 7 indicating that this condition was subject to modification by the police department. Condition #7(a)(b)(c) and (1) could be modified by the police department. Cm. Zika asked the Applicant if this permit was for dancing exclusively. Mr. Hake indicated that there would be weddings, receptions, banquets, rotary clubs activities as well. Cm. Okun asked far clarification on the location of the dance floor and surrounding obstacles on the exhibits. Mr. Hake clarified the exhibits and explained the dance floor location, stage and exits. Cm. Barnes closed the public hearing. Cm. Burnham indicated that item #8 was missing from the resolution. Staff indicated there was a typo in the numerical sequence and this would be corrected. Al1 conditians were included in the draft resolution. On motion from Cm. Burnharn, seconded by Cm. Okun, and with a vote of 4-0 (one absent), the Planning Commissian adapted RESOLLTTION NQ. 89-013 APPROVING PA 89-032 STAFFORD'S RESTAURANT CONDITIONAL USE PERMIT TO ESTABLISH A COMriERCIAL RECREATTON FACILITY (DANCE FLOOR) WITHIN AN 'EXISTING RESTAURANT AT 6960 AMADOR VALLEY BdULEVARD ~~~~~~r~~r~~~c~~~~r~~r~~~~~ ;c~~~~~~~~~~~~~~~~c~~~~~~~~~sr~~~~e~~e~~~~~~~rs~~c~~~r~~~~~~~~ Regular Meeting PCM-8-42 April 3, 1989 • • SUBJECT: PA 89-026 Dublin Joint Unified School District Tentative Map Extension for Tentative Tract 5616 l~~cated at 7416 Brighton Drive Cm. Barnes opened the public hearing and called for the St~ff Report. Ms. 0'Halloran stated that the Applicant was requesting ap~proval for a time extension for Tentative Tract Sb16 which consists of 17 si~ngle-family residential lots, a S-acre park site, the City Senior Centar lot and a remnant lot used for the school district's administrative offices snd corporation yard. The tentative map expired on March 15, 1989. Ms. 0'Halloran indicated that the subdivision ordinance authorized the Commission to approve time extension for up to three years. The Applicant is requesting a two-year extension, however conditions were included in the resolution for the maxirnum three year time extension. Ms. 0'Halloran indicated that there had been required adjustments to the tentative map which were detailed in Conditions 62, 63 and 64 of Resolution No. 86-053. The final map should incorporate these adjust;nents to the lots. Ms. 0'Halloran indicated that the ci~y's senior center, tha school district's corporation yard and the majarity of Kolb Park had been co~npleted; however a portion of the park impravements between the existing park and proposed road is not complete. A condition is included in the draft res~~lution requiring the developer to complete these park impravements. Ms. 0'Halloran indicated that this application was consist~nt with the City's General Plan, Zoning and Subdivision Ordinance and Staff r-~commends the Commission adopt the draft resolution approving a three-yesr extension. No other extensions would be allowed. Cm. Zika asked why the extension was needed. Ms. 0'Halloran indicated that the tentative map had expire~3 in March of 1989, but the Applicant had submitted the request for time extension prior to the expiration. The Applicant was not able to complete the fin.al map requirements. Cm. Burnham asked if the conditions were the same as the c~nditions approved by the Commission in 1986. Ms. 0'Halloran indicated that three additional conditions :~ad been added. Cm. Burnham asked if there were any conditions regarding t:ae fencing of the property. Ms. O'Halloran indicated that the Commission could add additional conditions of approval to the resolution. Cm. Burnham indicated that the £encing requirements had not been taken care of and the property owners were getting upset. ~~~~~c~~~c~~~~~~~~~~~c~~~~~~~~~~~~~,~~~~~~~~t~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~t~ Regular Meeting PCM-8-43 April 3, 1989 , • • Stanley Maleski, Applicant, stated that there were delays in the required signatures from three property owners. It was finally det~rmined that one property owner wanted a new fence, the other two wanted thsir existing fence. Cm. Zika asked if the Applicant had plans to sell the prop~rty. Mr. Maleski indicated yes. The school district's recent responsibility changes have delayed the sale of the property. Crn. Barnes closed the public hearing. Cm. Burnham asked what would happen if the property sold within a year with a 3-year extension on the tentative map. Mr. Barger indicated that the conditions were applieable to the land, not the property owner. On motion from Cm. Okun, seconded by Gm. Zika, with a vote of 4-0 (one absent), the Planning Commission adopted RESOLUTION N0. 89-014 APPROVING PA 89-026 DUBLIN JOINT UNIFIED SCHOOL DISTRI~T TENTATIVE MAP EXTENSION REQUEST FOR TENTATIVE MAP 5616 SUBJECT: PA 88-076 Agency Rent-.~-Car Gonditional Use Permit request to operate a rental car business office within an existing office/commercial buil3ing (continued from the March 20, 1989 meeting) Cm. Barnes opened the public hearing and called for the Staff Report. Mr. Barger indicated that during the March 20th meeting, the Commission heard Staff's presentation on Agency's request for a Gonditional Use Permit to operate a rental car business and temporary rental car storage lot at 7004 Village Parkway. Staff had recommended approval of the us~ permit subject to conditions listed in the draft resolution. Mr. Barger indicated that at the meeting of March 20th, th~ Commission had called for public testimony on this application. However 'no one from Agency Rent-A-Car was present. Because no one was present, the Commission continued the request until tonight's meeting in order to make sure that an Agency representative would be present. Mr. Russell Mack, represantative for Agency Rent-A-Car, was present in the audience. Mr. Barger indicated that Staff recommends the Commission adopt the resolution approving the Conditional Use Permit for Agency Rent-A-Gar, PA 88-076. Mr. Russell Mack, representative for Agency Rent-A-Car, apologized far the mix-up at the last meeting and he would be happy to answer any questions the , Commission had. ~.°xx~Yx~cx~YxsFxx~?xsc~~': xxs'c~kT xx~: x~x~: x kx~Cx~xs~~Y~~Yxxx~c7cx~Y~~kxxa T~Yxxxsk x~~Y~x~x kx~Yx~Y~~c k Regular Meeting PCM-8-44 April 3, 1989 ~ ~ Cm. Zika asked why Agency had not came forth earlier to request a use permit. Mr. Mack indicated that there had been heavy turnover at Agency Rent-A-Car and stated that he was the third office manager within the last year. Because of this, the paperwork got far behind schedule and it was not clear from their office who was going to handle the Conditianal Use Permit. The Commission asked Mr. Mack if he understood that there ~aere conditions prohibiting the washing or working on the vehicles. Mr. Mack indicated that he understood. Cm. Burnham asked the Appiicant if there were any considerations for expanding their business, including bringing additional cars to the site. Mr. Mack indicated that Agency's corporate goal was to expand, however if this particular branch wants to expand, they may need to relocate to another site. Mr. Jay Begun, lessor to the property, had concerns over t:ae one-year permit. He indicated that the Applicant had been there almost two :years and there have been no complaints about the operation. Cm. Zika explained that it was the Planning Commission's p~licy to approve new Conditional Use Permits for one year with up to two years of extension being approved by the Planning Director. That would take into accoun.t any operations without permits, as in this case. The two-year extension by the Planning Director is almost automatic if there are no zoning violations regarding the ogeration. On motion from Cm. Zika, seconded by Cm. Okun, and with a~vote of 4-0 (one absent), the Planning Commission adopted RESOLUTION N0. 89-015 APPROVING PA 88-076 AGENCY RENT-A-CAR CONDITIONAL USE PERMIT REQUEST TO OPERATE A RENTAL CAR BUSINESS AND TEMPORARY RENTAL C.~R. STOR.AGE LOT AT 7000 VILLAGE FARKWAY SUBJECT: PA 89-015 The Good Guys Conditiona3 Use Permit request to allo~;a the display of a rooftop balloon for r~motions for a 60- day cumulative period -~aithin a 12-month time frame Cm. Barnes opened the public hearing and called for the Staff Report. Mr. Barger indicated that The Good Guys' retail stereo and television sales store is requesting a Conditional Use Permit to allow the ase of a 35' tall cold-air balloon on the roof of their s~ore. The Good Guys would utilize the balloon for up to 60 cumulative days for special event advertising over a one-year period. The City's sign regulations indieated th3t use af special promotional displays for cumulative periods up to 6a days :naximum had to be approved by the Commission. x kxxx~Y~Y~Y~Yxxxx~Yx~c~cxx~Yx~'cx:r~'r~Yx~Y~Y~'cx;Yx~'cx~c~cx~Yx~Y~'c~'c:c k~c~xx~Y~ie~'cx~Yx~ti~3r•k~c~Y~~'e~Y~Yx~Y~`cxsti~YyYx Regular Meeting PCM-8-45 April 3, 1989 . IO • ~ Mr. Barger stated that The Gaod Guys have received two Administrative Conditional Use Permits for roof-mounted cold-air balloons previously. However, only 20 days of balloon advertising occurred beca~ase The Good Guys lost 10 days when they were penalized for using the balloo~.n five consecutive days longer than the maximum seven consecutive days allowed by policy. Mr. Barger indicated that the request is consistent with t:ae Downtown Dublin Specific Plan, the Zoning Ordinance, and General Plan. Mr. Barger indicated that he had talked with Kathy Kastle, representative of The Good Guys, and she had indicated her undarstanding of the City's policies and procedures and would abide by them. Ms. Kathy Kastle, representative for The Good Guys, indicating that she was in the process of learning the City's procedures and wanted to obey the zoning ordinance's regulations. Cm. Okun asked how the bailoon was mounted. The Commission and Staff discussed the mechanisms of the b.alloon, its structures and mounting procedures, Cm. Barnes closed the publie hearing. Cm. Burnham asked if there was any liability to the City. Mr. Sarger indicated that the liability was on the Applica~.nt. Cm. Barnes asked how many balloons were being flisplayed in town at any one time during weekends. Mr. Barger indicated that approxirnately 5 balloons could b~a up at one time during weekends. Mr. Tong indicated that there were several types of balloo~as. Some were cold-air balloons on roof tops and some were helium which ~aere the smaller ones. The Commission and Staff discussed the use permit praceduras. Ms. Kastle asked what the procedure would be for allowing 7 consecutive days for balloon displays. The Commission and Staff indicated that a 7 consecutive da:y condition would have to come back to the Commission far approval, with the necessary public hearing and noticing procedures. On motion from Cm. Burnham, seconded by Cm. Zika, and with a vote of 4-0 (one absent), the Planning Commission adopted Regular Meeting PCM-8-46 April 3, 1989 . i ~ . itESOLUTION N0, 89-016 APPROVING PA 89-015 THE GOOD GUYS CONDITIONAL USE PE:2MIT TEMPORARY PROMOTIONAL DISPLAY FOR A ROOF-MOUNTED COLD-AIR BALLOON - 60-DAY TIME FRAME, 6700 AMADOR PLAZA RO.~D ~c ~ ~ ~ NEW BUSINESS OR UNFINISHED BUSINESS None ~~t~~r OTHER BUSINESS Cm. Zika complimented Staff on fixing the illegal advertising signage at Hog's Breath. However, the Nail Salon still has banners on the ~aeekends. ~ ~ ~ ~ PLANNING COMMISSIONERS' CONCERNS Cm. Burnham asked if the City regulated specific adult car~ facilities. Mr. Tong indicated the State pre-empted City regulations for care facilities with fewer than 7 patient/clients. He indicated that childcare facilities required a ConditionaZ Use Permit when there were more tha~n 6 children. Cm. Okun had cancerns regarding the licensing of care facilities. He felt the City should know what the State's requirements were. He asked if the City had any liabilities if a problem occurred at a care facility. Ms. Hoffineister indicated that the City was not liable. T'ze police department would get involved and the State would have to pursue the ~natter. She indicated that a State license is required before the City will issue a Conditional Use Permit or as a condition of approval. Mr. Tong indicated that the City had no jurisdiction over the particular individual operating the facilities, and limited jurisdiction over the quantity of patients/elients that use the facility. Cm. Burnham inquired about tha hillside develapment on Stagecoach. Is this the City's responsibility. Mr. Tong indicated that the City has accepted the hillside development from Beck Construction in regards to the landscaping. The home~wner's had concerns over the quality and quantity of the landscaping as well as the cost of maintaining the hillside. Cm. Burnham asked about the Betlen Drive development. Mr. Tong indicated that the homeowner assaciation was resp~nsible for that development. ~~~~t~~~~~~~~~~~~~~~~~~~~~~e~~~x~~~~e~~t~~~~~~~~~c~~e~~~~~e~~~~~~~~c~~~~~~e~~~~~~~~ Regular Meeting PCM-8-47 April 3, 1989 , i' ~ ~ a Cm. Okun inquired about the Donlan Canyon Draft Environmental Im~act Report document. Ms. 0'Halloran indicated that the review period for the do~ument was from March 29th through May 15th. The draft document might be going to a public hearing on May 1, 1989 for public comment. The Planning C~mmission will meet to discuss the dacument. Cm. Barnes asl~ed the Planning Staff to include "Report Prepared By, with planner's name" on all future staff reports. Cm. Barnes asked how many units were occupied in Alamo Cresk. Mr. Barger stated that there were appraximately 97 units o~~cupied in Village l. Mr. Tong advised the Commission that he would have to leav~ early from the Planning Institute Conference to attend a meeting. The Planning Commission and Staff discussed seminar proced~.~res, meeting schedules, reference manuals available, etc. ~ ~ ~ ~ ADJOURNMENT There being no further business, the meeting was adjourned at 8:30 p.m. ~ ~ ~ ~ Respectfully submitted, Planning Co h,airp son . Laurence L. Tong Planning Director ~r~~~ ~~~~~~~~~~~~~~~~~~~~~~~~ti~~~~~~~~~~~~~~~~c~c~~~~~~~~~~~~~~~~~~~~~~~~~r~~~~~~~~r Regular Meeting PCM-8-48 April 3, 1989