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HomeMy WebLinkAboutPC Minutes 12-17-1990 ~ ~ ~ ~ ~ Regular Meetinq - December 17, 1990 A regular meeting of the City of Dublin Planning Commission was held on December 17, 1990, in the Dublin Civic Center Council Chambers. The meeting was called to order at 7:30 p.m. by Commissioner Burnham, Chairperson. * * * * ROLL CALL Present: Commissioners Barnes, Burnham, and Zika; Laurence L. Tong, Planning Director; Maureen O'Halloran, Senior Planner; Carol R. Cirelli, Associate Planner; Ralph Kachadourian, Assistant Planner; Bob Schubert, Planning Consultant; Charlie Haims, Planning Intern; and Gail Adams, Planning Secretary. Commissioner Rafanelli was present; however, not sworn in as a Commissioner until after the roll call was over. * * * * PLEDGE OF ALLEGIANCE TO THE FLAG Cm. Burnham 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 November 19, 1990 were approved. ORAL COMMUNICATIONS 6.1 Oath of Office for New Planninq Commissioner. ' Kay Keck, City Clerk, administered the oath of office to Ralph Rafanelli, the new Planning Commissioner. She congratulated him on his appointment. 6.2 Election of Officers Mr. Tong indicated that the Planning Commission Rules of Procedures provided that officers be elected at the first meeting in December of each year. Since there was a vacancy on the Commission, the Commission could postpone the election of officers until there was a five member board. If the Commission wanted to proceed with the election of officers, Staff Regular Meeting PCM-1990-119 December 17, 1990 [12-17min] . ~ ~ recommended that the Commission elect a Chairperson, Vice- Chairperson and appoint the Planning Director as Secretary. Cm. Zika asked when Councilmember Howard would be appointing a Commissioner. Mr. Tong indicated that it could be in January or as late as February. The Commission decided to proceed with the election of officers. Cm. Barnes nominated Cm. Burnham to be the Chairperson, Cm. Zika seconded, and with a unanimous vote, Cm. Burnham was elected Chairperson. Cm. Barnes nominated Cm. Zika to be the Vice-Chairperson, Cm. Rafanelli seconded the motion, and with a unanimous vote, Cm. Zika was appointed Vice-Chairperson. Cm. Zika nominated the Planning Director as Secretary and with a unanimous vote, Mr. Tong was elected Secretary. WRITTEN COMMUNICATIONS None PUBLIC HEARINGS SUBJECT: PA 90-095 Kildara Directional Tract Siqn Conditional Use Permit request to allow one 4'x8' Directional Tract Siqn located at 7348 San Ramon Road Cm. Burnham reopened the public hearing and asked for the staff report. Mr. Charlie Haims stated that this public hearing had been continued from the November 19th meeting in order for Staff to draft a resolution approving the project. Mr. Haims indicated that Condition #2 states that the Applicant would be required to remove the directional tract sign located on San Ramon Road at Dublin Boulevard in order to have the proposed sign located at 7348 San Ramon Road. Staff recommended approval of the Conditional Use Permit as shown on the draft resolutions (Exhibit B). Doug Millsap, Applicant, supported Staff's conditions of approval. Cm. Burnham closed the public hearing. On motion from Cm. Zika, seconded by Cm. Barnes, and with a vote of 3-0 (Cm. Rafanelli abstained), the Commission adopted Regular Meeting PCM-1990-120 December 17, 1990 [12-17minJ . ~ ~ RESOLUTION NO. 90-066 APPROVING PA 90-095 KILDARA CONDITIONAL USE PERMIT FOR USE OF A DIRECTIONAL TRACT SIGN LOCATED AT 7348 SAN RAMON ROAD (APN 941-44-3-2) SUBJECT: PA 90-079 Shamrock Ford Conditional Use Permit/Site Development Review request for a 5,060 square foot expansion of the existinq dealership buildinq at 7499 Dublin Boulevard. Im osition of traffic impact fees as a condition of~approval will be con~sidered (continued from the November 19, 1990 Planning Commission meeting) Cm. Burnham asked for the Staff Report. Mr. Bob Schubert indicated that the public hearing was continued from the November 19th meeting in order for the Applicant to provide additional information regarding the traffic impact study and fee. The Applicant had submitted additional information regarding the traffic trips/counts and the draft resolution had been revised. Mr. Schubert indicated that Condition #1 of the Site Development Review resolution had been changed to state that construction should commence within twelve months, instead of six months, after approval of this application. Condition #23 of the same resolution indicated a reduction of traffic impact fees to $6,212. Staff recommended approval of the application subject to the revised conditions. Cm. Zika asked if TJKM, the City's traffic consultant, had done another traffic count. Mr. Schubert indicated no, the Applicant had provided the City with additional data in regards to the daily traffic generated at the facility. Gerri Langtry of TJKM remarked that the projected daily trips of 270 had been reduced according to the additional data presented to her by the Applicant and City. Because the daily trips had been reduced, the impact fee was reduced as well. Cm. Zika had concerns regarding the reduction in traffic fees. He indicated that the city needs money to make improvements to Dublin Boulevard. He felt that it would not be fair to change the criteria for each proposed project. The City should stick with the same method. He asked who was paying for the traffic study. Staff indicated that the Applicant was paying for the processing of the application. Regular Meeting FCM-1990-121 December 17, 1990 [12-17min] . ~ ~ Mr. Tong indicated that Staff recognized the Commission's concerns and shared those concerns as well. He stated that there were meetings being held at the City offices regarding this item. We need to establish a more definite methodology. This problem has occurred on several occasions. Craig Coldwell, Applicant, had no problems with the revised conditions of approval and hoped the Commission would approve the use permit. Cm. Burnham closed the public hearing. On motion from Cm. Barnes, seconded by Cm. Zika, and with a vote of 3-0 (Cm. Rafanelli abstained), the Commission adopted RESOLUTION NO. 90-067 APPROVING PA 90-079 SHAMROCK FORD CONDITIONAL USE PERMIT TO EXPAND THE EXISTING AUTO DEALERSHIP USE WITH A 5,060 SQUARE FOOT BUILDING ADDITION AT 7499 DUBLIN BOULEVARD RESOLUTION NO. 90-068 APPROVING PA 90-079 SHAMROCK FORD SITE DEVELOPMENT REVIEW APPLICATION TO EXPAND AN EXISTING BUILDING BY 5,060 SQUARE FEET AT 7499 DUBLIN BOULEVARD RESOLUTION NO. 90-069 . IMPOSING A TRAFFIC IMPACT FEE ON PA 90-079 SHAMROCK FORD AT 7499 DUBLIN BOULEVARD SUBJECT: PA 90-101 Images Conditional Use Permit request to allow an existinq 4'x8' Directional Tract Sign for the subdivision located on the vacant parcel on the east side of San Ramon Road, north of the Chevron Service Station and Dublin Boulevard Cm. Burnham opened the public hearing and asked for the staff report. Mr. Ralph Kachadourian presented the staff report to the Commission. Staff recommended approval of the Conditional Use Permit for a 4'x8' directional tract sign.' Doug Millsap, Applicant, supported the Staff's recomrnendations and hoped the Commission would approve the Conditional Use Permit. Cm. Burnham closed the public hearing. On motion from Cm. Rafanelli, seconded by Cm. Zika, and with a vote of 4-0, the Commission adopted RESOLUTION NO. 90-070 APPROVING PA 90-101 "IMAGES" CONDITIONAL USE PERMIT FOR CONTINUED USE OF A DIRECTIONAL TRACT SIGN LOCATED ON THE EAST SIDE OF SAN . Regular Meeting PCM-1990-122 December 17, 1990 [12-17min] • • ~ RAMON ROAD, NORTH OF DUBLIN BOULEVARD ADJACENT TO THE CHEVRON STATION (APN 941-305-34) SUBJECT: PA 90-102 Imaqes Conditional Use Permit renewal for an existinq 4'x8' Directional Tract Sign for the subdivision located at 11960 Silverqate Drive Cm. Burnham opened the public hearing and asked for the staff report. Mr. Ralph Kachadourian presented the staff report to the Commission. He indicated that the existing directional tract sign was located in the public right-of-way as shown on the staff study dated December 17, 1990, which had been given to the Commission at the beginning of the meeting. The staff study also ~ shows alternate locations which were consistent with the City's policies. Staff recommended approval of the Conditional Use Permit with Condition #2 being changed to state "The sign will be a maximum of 64 square feet double faced (32 square feet per side) and a maximum height of 12 feet". An additional condition would also be added to read "Within thirty (30) days of the effective date of this approval; the Applicant shall remove the existing sign from within the public right-of-way and shall relocate the sign to the landscape area as shown by the attached study of December 17, 1990 (Exhibit A). Doug Millsap, Applicant, agreed to move the sign to the new location. Cm. Barnes asked Staff how could the signs have been allowed in the public right-of-way. Ms. O'Halloran indicated that the plans showed the sign on the actual property; however someone had physically located them in the wrong area. Cm. Burnham clased the public hearing. On motion from Cm. Zika, with changes to Condition #2 and adding an additional condition as stated above, seconded by Cm. Barnes, and with a vote of 4-0, the Commission adopted ~ RESOLUTION NO. 90-071 APPROVING PA 90-102 IMAGES CONDITIONAL USE PERMIT FOR CONTINUED USE OF A DIRECTIONAL TRACT SIGN LOCATED AT 11960 SILVERGATE DRIVE SUBJECT: PA 90-081 United Hands Environmental Center Conditional Use Permit and 5ite Development Review request to operate a recyclinq facility and food distribution center and to allow outdoor storaqe located at 6488 Sierra Court Regular Meeting PCM-1990-123 December 17, 1990 [12-17minJ . ~ ~ Ms. Carol Cirelli indicated that Staff had been informed by the property owners that they had concerns regarding the outdoor storage of recycling materials. Staff cannot continue processing the application without written authorization from the property owners regarding the Applicant's request to operate a recycling facility which includes outdoor storage. Staff was recommending continuance of the item to the January 22 Planning Commission meeting (instead of the January 7th meeting as stated in the staff report). Since the public hearing notice had been published, Staff recommended the Commission open the public hearing, accept any public testimony, and continue the item to the January 22nd meeting. Cm. Burnham opened the public hearing and asked if there was any public testimony. Brian Storiety, had concerns regarding the hazardous materials that were being stored on the site. He asked why the company was ' operating without a use permit. He requested that the Staff and/or Commission should take a ride over to the site and take a look at the condition of the site. Mr. Tong stated that the City's Zoning Investigator had been aware of the operation and was in contact with the Applicant. The Applicant had taken the correct steps in order for Staff to proceed with the review of the application. The Applicant was proceeding in good faith. An enforcement action to csase operations would take place if the correct procedures were not progressive. Mr. Storiety felt that this was not good enough, the Applicant should have the proper permits in order to operate his business. Cm. Zika indicated that Staff had not mention in the staff repart that the business was already operating. Ms. Cirelli indicated that the property owner and Applicant had a lease agreement allowing recycling operation inside the building. A meeting took place with the property owner, Applicant and Staff in October and everyone was in agreement with the operation, which includes the outdoor storage of recyclable material in the truck trailers and bins. However, there is no written authorization from the property owner allowing the use on the site. Staff became aware that some of the tenants were displeased with the recycling operation. At that time, Staff made an effort to contact the property owner. Cm. Zika asked how long had the business been in operation. Ms. 0'Halloran indicated that the application was received on September 13th. Prior to that date, Staff inet with the Applicant to review the Conditional Use Permit application process. The Regular Meeting PCM-1990-124 December 17, 1990 [12-17min] ~ ~ business had started prior to applying for a Conditional Use Permit. Cm. Zika reiterated that 4 months had gone by and the Applicant was still operating without a permit. Ms. Cirelli indicated that the property owner was aware of the hazardous waste. The property owner was in the process of trying to decide what type of recyclable materials the Applicant should be allowed to store on the premises. Cm. Zika asked Staff if the property owner decides not to authorize the use, how does the City take enforcement action. Ms. O'Halloran indicated that the Planning Commission would need to disapprove the application, then a warning notice would be given to the Applicant and Property Owner giving them 15 days to vacate the premises. After the initial 15 days, a citation can be issued each day thereafter. The Commission could direct Staff to proceed with the enforcement actions sooner. Cm. Zika stated that he would like to see enforcement action to proceed. Cm. Barnes asked Staff if, at one time, the property owner - appeared to approve the use. - Ms. Cirelli indicated that based upon the meeting between Staff, the Applicant and Property Owner, Staff had assumed that the property owner was in consent with the proposed use and application request. Cm. Zika asked Staff if they had been in contact with the property owner in person. Ms. Cirelli indicated that Staff inet with the property owner and applicant. The use was described to the property owner and the property owner decided that there was no outdoor storage even though Staff considered the use to be an outdoor storage use. Cm. Zika asked if there was any way to know that there were hazardous materials being stored on the site. Ms. Cirelli indicated that Staff was in constant contact with the property owner and Alameda County Health Department. The County had concerns with the used motor oil on site. Cm. Rafanelli asked Staff if the property owner hesitated to give a written authorization. Ms. Cirelli indicated that the property owner had concerns regarding the operation and thouqht the Applicant was going to be operating the recycling facility and food distribution center inside the building. Regular Meeting PCM-1990-125 December 17, 1990 ~ [12-17min] ~ ~ ~ Cm. Rafanelli felt that a deadline should be put on the property owner. Ms. Cirelli indicated that the property owner was presently on vacation and Staff would continue to get in touch with the owner. Cm. Barnes felt that the property owner gave their consent when they started accepting rent from the Applicant. She reguested that Staff try to contact the property owner as soon as possible, Cm. Burnham indicated that he was willing to give the Applicant and Property Owner a chance. He was concerned about the business operating without proper permits. Cm. Zika preferred to send a warning notice, timing the enforcement date to the Commission's January 22nd meeting. If all the appropriate paperwork has not been processed, a citation should be issued. He felt that the property owner needed a little push. Cm. Burnham agreed with Cm. Zika. Cm. Rafanelli indicated that the City has been more than generous to the Applicant and Property Owner. Mr. Tong indicated that Staff would proceed as the Commission . requested. The Commission continued the item to the January 22nd meeting. NEW OR UNFINISHED BUSINESS None OTHER BUSINESS Mr. Tong reminded the Commission that an East Dublin joint meeting would be held on December 18th in the Regional Meeting Room. PLANNING COMMISSIONERS' CONCERNS Cm. Barnes indicated that the Amador Oaks project had signs posted on Dougherty Road on the weekend of December 8th. The signs were about 15 feet apart and had the words "for rent" on them. Mr. Tong indicated Staff would look into the problem. Cm. Zika requested that Staff add more background information in the staff reports. He referred to the United Hands project in which the staff report did not indicate that the business was already in operation. ' Regular Meeting PCM-1990-126 December 17, 1990 [12-17min] ~ ~ Cm. Zika requested that standard criteria be set up for assessing traffic fees. Mr. Tong indicated that the City was preparing a traffic fee ordinance. The Planning and Public Works Staff were meeting frequently concerning this issue. Staff concurred with the Commission on this concern. Cm. Zika asked what the time line was on adopting the ordinance. Mr. Tong indicated that Staff was already working on the traffic study - the methodology was already in place. The ordinance would look at similar land uses. Once the ordinance was in place, it would apply to all applications. Cm. Burnham had concerns with the traffic study prepared by TJKM. It did not seem fair to have only a one-day traffic count and there was no dialogue between TJKM and the Applicant. They should work together. Mr. Tong indicated that the first data did not apply to this project and this resulted in a reduction in fees. The methodology was sound. Cm. Barnes suggested that training classes be given to the Commission when the Commission had a 5 member board. She asked what the dates were for the next Planning Commission Institute. Mr. Tong indicated that the preliminary dates were March 20th through 23rd and would be located in Monterey. Cm. Zika wished everyone a Happy Holiday. Cm. Barnes indicated that she liked the art work located at the Civic Center. ADJOURNMENT There being no further business, the meeting was adjourned at 9:00 p.m. Respectively su mitted, ~ ~ f t~~~~ , t: ' L~~ Planning Commissio Chairperson ~ Laurence L. Tong Planning Director Regular Meeting PCM-1990-127 December 17, 1990 [12-17min]