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HomeMy WebLinkAboutPC Minutes 01-22-1991 ~ ~ Reqular Meetinq - January 22, 1991 A regular meeting of the City of Dublin Planning Commission was held on January 22, 1991, 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, Rafanelli and Zika; Laurence L. Tong, Planning Director; Maureen O'Halloran, Senior Planner; Victor Mettle, Planning Intern; Charlie Haims, Planning Intern; Ralph Kachadourian, Assistant Planner; David K. Choy, Associa~e Planner; Carol Cirelli, Associate Planner; and Gail Adams, Planning Secretary * * * * 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 MEETTNG ~ The minutes of January 7, 1991 were approved. ORAL COMMUNICATIONS None WRITTEN COMMUNICATIONS None PUBLIC HEARINGS SUBJECT: PA 90-099 Goodwill Industries Conditional Use Permit recxuest to allow the operation of a donationlrecycling station in the Pak'n Save Shoppinq Center parking lot at 6605-6633 Dublin Boulevard Cm. Burnham opened the public hearing and asked for the staff report. Regular Meeting PCM-1991-5 January 22, 1991 [1-22min] ~ i • Mr. Victor Mettle presented the staff report to the Commission. He indicated that Staff recommended approval of the Conditional Use Permit. Cm. Barnes asked if this application was approved would there be two Goodwill stations, one on Amador Valley Boulevard and one at Dublin Boulevard. Mr. Mettle indicated yes, both stations would be in operation. The station at the Pak'n Save Shopping Center, however, would be a donation station as well as a recycling center. Cm. Barnes asked if the operating hours would be 9:30 - 5:00 or 10:00 - 5:30. The Applicant's letter indicated the hours would be 10:00 - 5:30. Mr. Mettle indicated that the Applicant had indicated he preferred the hours to be from 9:30 a.m. to 5:00 p.m. Cm. Burnham felt that it was not feasible to accommodate both a donation and recycling station in one trailer as shown in the layout on Exhibit A. Mr. Mettle reiterated that the station was for a donation and recycling center. Ms. 0'Halloran referred to page 4 of Exhibit A. Cm. Burnham asked if people would be compensated for their recyclables. Mr. Mettle indicated that they would receive vouchers which would be redeemable at the Pak'n Save facility. Art Collins, Applicant, concurred with Staff's recommendations. He indicated that the station located on Amador Valley Boulevard was a considerable success. The attendant was required to call in everyday to indicate if a pickup was needed. He felt that Goodwill had a very good system in operation. Cm. Rafanelli asked the Applicant if they had any previous experience in the recycling business. Mr. Collins indicated yes. They had recycling centers in three counties. Cm. Burnham asked where the closest recycling center was located. Mr. Collins indicated there were two located in Pleasanton consisting of both the donation and recycling center. Cm. Burnham closed the public hearing. Regular Meeting PCM-1991-6 January 22, 1991 [1-22min] . ~ ~ On motion from Cm. Zika, seconded by Cm. Barnes, and with a vote of 4-0, the Commission adopted RESOLUTION NO. 91 - 002 APPROVING PA 90-099 GOODWILL INDUSTRIES RECYCLING/DONATION STATION FOR A 25 FOOT LONG TRAILER IN THE PARKING LOT AREA OF THE PAK'N SAVE SHOPPING CENTER SUBJECT: PA 90-111 Dublin Meadows Conditional Use Permit request to allow one Directional Tract Siqn at 5971 Dougherty Road SUBJECT: PA 90-112 Dublin Meadows Conditional Use Permit requestinq to allow one Directional Tract Sign at 11960 Silverqate Drive SUBJECT: PA 90-113 Dublin Meadows Conditional Use Fermit request to allow one Directional Tract Sign on the east side of San Ramon Road, north of Dublin Boulevard and the Chevron Service Station Cm. Burnham opened the public hearing and asked for the staff report. Mr. Charlie Haims asked the Commission if all three staff reports could be presented together since they were very similar. The Commission had no problems with this arrangement. Mr. Haims presented all three staff reports to the Commission. The requests were for three directional tract signs for the Dublin Meadows projects. The signs would be located in three separate locations; one at 5971 Dougherty Road; one at 11960 Silvergate Drive and one on the east side of San Ramon Road, north of Dublin Boulevard and the Chevron Service Station. Staff was recommending approval of all three directional tract signs for the Dublin Meadows project. Cm. Zika indicated that, in the past, the Commission had been reluctant to allow three signs. Cm. Barnes asked Staff if the Kildara sign was still located on the See's Candy site. Mr. Haims indicated no, that sign had been removed. Bernard Hawkins, Applicant, indicated that the directional tract signs were needed to direct interested buyers to the project. He indicated that the signs were temporary and tastefully done. Cm. Zika asked the Applicant if he could indicate which two signs were preferred. The Commission was reluctant to allow three signs.' Regular Meeting PCM-1991-7 January 22, 1991 [1-22min] ~ • ~ Mr. Hawkins indicated that, if he had to, he would cancel the Silvergate site. Cm. Burnham closed the public hearing. Cm. Barnes felt that only two signs should be allowed. Cm. Rafanelli felt that in fairness, there should only be two signs. A precedent had been set in the past. Cm. Burnham felt that the reason he had not allowed three signs in the past was because of the close proximity of the signs. He had no problems with allowing three signs in this particular case. Ms. O'Halloran indicated that a condition of approval could be added to remove one of the signs. Cm. Burnham indicated that a condition should require the Applicant to erect two out of the three signs. The Applicant could change his mind about the Silvergate location. Mr. Tong indicated that Staff would need to bring the application back to the Commission for a specific location. On motion from Cm. Zika, approving PA 90-111 and PA 90-113 and denying PA 90-112, seconded by Cm. Barnes, and with a vote of 3-1, the Commission adopted RESOLUTION NO. 91-003 APPROVING PA 90-111 DUBLIN MEADOWS CONDITIONAL USE PERMIT FOR USE OF A DIRECTIONAL TRACT SIGN LOCATED ON THE EAST SIDE OF DOUGHERTY ROAD AT 5971 DOUGHERTY ROAD (APN 941-554-40) . RESOLUTION NO. 91-004 DENYING PA 90-112 DUBLIN MEADOWS CONDITIONAL USE PERMIT FOR USE OF A DIRECTIONAL TRACT SIGN LOCATED AT 11960 SILVERGATE DRIVE (APN 941-103-69-1) RESOLUTION NO. 91-005 APPROVING PA 90-113 DUBLIN MEADOWS CONDITIONAL USE PERMIT FOR A USE OF A DIRECTIONAL TRACT SIGN LOCATED ON THE VACANT LOT ON THE EAST SIDE OF SAN RAMON ROAD, NORTH OF DUBLIN BOULEVARD AND THE CHEVRON SERVICE 5TATION (APN 941-305-34) SUBJECT: PA 90-118 Wonderful World of Learninq Daycare/Preschool Conditional Use Permit request to continue operation of an existinq davcare/preschool at 8010 Holanda Lane Cm. Burnham opened the public hearing and asked for the staff report. Regular Meeting PCM-1991-8 January 22, 1991 [1-22minJ ~ i Mr. Ralph Kachadourian presented the staff report to the Commission. He indicated that Staff had received a complaint regarding (1j the driveway needing to be clear for picking up and dropping off children and (2) the dumpster needing to be non- visible from the street. These items have been addressed in the draft conditions of approval. Mr. Kachadourian indicated that Staff was recommending approval of the Conditional Use Permit. Cm. Burnham asked if the dumpster was temporary. Mr. Kachadourian indica~ed that the dumpster had been on the site for quite awhile. The concern was for unsightliness and visibility from the street. Cm. Barnes referred to the sign leaning against the house and asked if it was legal. Mr. Kachadourian indicated that a 2 square foot sign was allowed. Anything larger would not be allowed. Cm. Barnes referred to the cyclone fence around the property and asked if the redwood slats were required. She had notice some of the slats were missing. Mr. Kachadourian stated that there were no previous or existing conditions that require the screening. The Planning Commission could require the slats. Ortega Ramon, Applicant, indicated that the dumpster was difficult to move about when full. He could move the dumpster out in front of the residence on pickup day only. Mr. Ramon indicated that the missing slats in the cyclone fence were caused by vandalism. He would repair them or remove them all together. Cm. Burnham asked if the dumpster was allowed in an R-1 District: He did not want to see everyone using a dumpster on the street. Mr. Tong referred the Commission to the Solid Waste Ordinance in the City's Municipal Code. Mr. Kachadourian indicated that the Solid Waste Ordinance stated that a 32 gallon container was standard. Other sizes could be used, if approved by the City Manager and waste collectar. The oversized container would be allowed in a sideyard. Cm. Burnham closed the public hearing. Cm. Burnham indicated he was concerned about the size of the dumpster. Regular Meeting PCM-1991-9 January 22, 1991 [1-22min] • i y Mr. Tong indicated that the Applicant would need to secure permission from the City Manager On motion from Cm. Barnes, adding a condition requiring the Applicant to repair the redwood slats in the cyclone fence, seconded by Cm. Rafanelli, and with a vote of 4-O, the Commission adopted RESOLUTION NO. 91 - 006 APPROVING PA 90-11$ WONDERFUL WORLD OF LEARNING CONDITIONAL USE PERMIT APPLICATION TO CONTINUE OPERATION OF A DAY CARE AND PRESCHOOL CENTER AT 8010 HOLANDA LANE SUBJECT: PA 90-119 Latter Dav Saints Church Conditional Use Permit request to allow the continued operation of a classroom facility at the existinq church at 8203 Village Parkway Cm. Burnham opened the public hearing and asked for the staff report. Mr. Dave Choy presented the staff report to the Commissian. He indicated that Staff was recommending approval of the Conditional Use Permit to allow the continued operation of a classroom facility. Carl Withum, representative for Jack Baxter, Applicant, concurred with Staff's recommendations. Cm. Burnham asked if the Conditional Use Permit was in conjunction with the open space play area. Mr. Choy indicated that there was no proposed play area for this application. Cm. Burnham closed the public hearing. On motion from Cm. Rafanelli, seconded by Cm. Zika, and with a vote of 4-0, the Planning Commission adopted RESOLUTION NO. 91 - 007 APPROVING PA 90-119 LATTER DAY SAIN7'S CHURCH CONDITIONAL USE PERMIT TO ALLOW THE CONTINUED OPERATION OF A 1,740 SQUARE FOQT CLASSROOM FACILITY AT 8203 VILLAGE PARKWAY SUBJECT: PA 90-081 United Hands Environmental Center Conditional Use Permit and Site Development Review request to operate a recvclinq facility and food distribution center and to allow outdoor storaqe and exterior site modifications located at 6488 Sierra Court (continued from the December 17, 1990 Planning Commission meeting) Cm. Burnham asked for the staff report. Regular Meeting PCM-1991-10 January 22, 1991 [1-22min] • • Ms. Carol Cirelli presented the staff report to the Commission. She clarified that the public would not be allowed in the warehouse, except for approximately 1,000 square feet of area where the public could be compensated for their recyclables. The public was not allowed beyond that paint. Ms. Cirelli presented two letters from concerned citizens to the Commission. The concerns were that (1) the Applicant did not have a non-profit status with the State of California, (2) the operation would be operating 7 days a week, 24 hours a day, and (3) the Applicant had been hauling bins of garbage from one area to another. Ms. Cirelli clarified that for planning and zoning purposes a recycling center or food distribution center were not required to be a non-profit arganization. Ms. Cirelli indicated that additional conditions would be added to Exhibit C and referred to the addendum that had been passed out to the Commission at the beginning of the meeting. Ms. Cirelli indicated that the conditions would (1) restrict the Applicant to only accepting recyclable material; (2) not allow the recycling facility to operate or be utilized as a transfer station; and (3) require the Public Works Department to verify the non-profit status of United Hands Charities with the State of California, if the Applicant applied for off-site public directional signs. Ms. Cirelli indicated that the outdoor activity was restricted to 7:30 a.m. to 5:30 p.m. Under the Solid Waste Ordinance, the Applicant is required to obtain both a recycling and transporters permit. The conditions of approval require the Applicant to obtain the two permits within 21 days of approval of the project. Ms. Cirelli indicated that if the Applicant complied with all of the conditions of approval, the project would not be detrimental to the public welfare, and Staff was in support of the recycling facility. Cm. Zika asked if the recycling materials would be separated at the source or at the facility. Ms. Cirelli indicated that the recycling bins would note what materials were in them. The public needed to separate their recyclables before the collector picked them up. It was not the recycling center's responsibility to separate the materials. Cm. Zika asked if the collector could separate the materials at the source and bring the recyclables back to the facility. Mr. Tong indicated that the facility could only accept recyclable materials. The transporter permit would only allow sorted materials. Regular Meeting PCM-1991-11 January 22, 1991 [1-22min] ~ ~ Cm. Zika asked if all of the storage bins would be inside the facility. Ms. Cirelli indicated yes. Cm. Barnes referred to page 23 and 24 of the staff report and asked if all of the products listed would be allowed to be dropped off at the recycling facility. Ms. Cirelli indicated that because all petroleum products are hazardous materials, the Applicant would need to obtain County Health Department's approval for the recycling of these items. The property owner does not allow the Applicant to accept these items for recycling. Cm. Zika asked if the property owner had indicated, in writing, about his preference to not allow petroleum products at this site. Ms. Cirelli indicated that Staff had no written documentation. The property owner had verbally stated to Staff that acceptance of petroleum products for recycling were not allowed. Cm. Zika indicated that petroleum products were considered hazardous materials. The property owner needed to give Staff written authorization as to what products were allowed or not allowed, such as batteries, motor oils, etc. There could be a spill or contamination from these products, and someone could be liable for the damages. Cm. Rafanelli asked how much time did the Applicant have to secure all of his permits. Ms. Cirelli directed the Commission to Exhibit C, Conditions #6, #7, #8, and #10. Al1 permits needed to be secured within 21 days of the effective date of this approval. Cm. Burnham asked if any other agencies had concerns regarding the recycling organization. Ms. Cirelli indicated that Staff was not aware of any problems. Cm. Burnham asked if the material leaving the recycling center was monitored. Mr. Tong indicated that the Conditional Use Permit did not specifically address this concern. He would communicate this information to the City Manager's office. Cm. Barnes asked what the concern was with the non-profit status. Regular Meeting PCM-1991-12 January 22, 1991 [1-22min] . ! i ~ Ms. Cirelli indicated that a condition of approval was added in response to a public concern. Public directional signage is allowed for non-profit organizations. Ms. O'Halloran indicated that the condition of approval would verify what type of organization was in operation. The Public Works Department would not allow this type of signage if the company did not have a non-profit status. Cm. Zika thought the business was considered both non-profit and for-profit. , Ms. O'Halloran indicated that the food distribution was considered non-profit. The recycling center was considered for profit. The signage would be allowed for the food distribution center only. Cm. Rafanelli asked how Staff was going to follow up to make sure the company had all the required permits within the required 21 days. Ms. Cirelli indicated that the Applicant was responsible for obtaining the permit approvals. Staff would stay in contact with the Applicant. Cm. Zika asked if the list of recyclable materials handled at the facility was definitive. Ms. O'Halloran indicated that the list shown on page 23 and 24 was part of the Applicant's written statement. The list was for informational purposes only, not part of the conditions of approval. The conditions of approval limit the Applicant to accept only recyclable materials. Cm. Burnham asked if the Applicant was aware of the added conditions of approval. Ms. Cirelli indicated yes." Mr. William Moss, Applicant, indicated that he should be receiving a non-profit certification from the State tomorrow. He indicated that he had no concerns with Staff's recommendations and conditions of approval. In regards to the petroleum products concern, he was willing to go along with whatever the Staff preferred or what the Property Owner authorized. Mr. Moss indicated that he had no desire in transporting garbage. He indicated that Staff had been very cooperative and Paul Rankin was very knowledgeable about recycling matters. Cm. Zika asked if he was recycling batteries. Mr. Moss indicated that he had received car batteries. Regular Meeting PCM-1991-13 January 22, 1991 [1-22min] . ~ ~ Cm. Zika indicated that batteries were considered hazardous materials, however, if the property owner allowed these items on the premises, he had no concerns. Cm. Barnes asked what other facilities would accept batteries. Mr. Moss indicated that Union 76 would take oil base gaint, transmission fluid, oil filters and batteries. Mr. Moss indicated that he sent computerized information to Paul Rankin describing what material was being recycled. Ann Beattie of Castro Valley indicated that she worked on Sierra Court. She always had a difficult time locating places that would take her recyclable items. She fully appreciated the concern regarding hazardous materials, however, she supported the recycling center. She hoped the City would support them as well. She felt that the company was environmentally safe and extremely courteous. Bob Molinaro, Pleasanton Garbage Company, had concerns regarding a food distribution center being operated within the same facility as a recycling facility. He felt that the recycling collector should not be allowed to transport materials from the Pleasanton area to the Dublin facility. , Tony Machiano, Pleasanton Garbage Company, felt that food should not be brought to a transfer station. This center could be considered environmentally unsafe. The center was operating 24 hours a day. He felt that the Applicant had been lying to everyone. The company was not complying with local regulations in that they were operating without the proper permit approvals. He indicated that the recycling center was picking up garbage and sorting the materials themselves. He had documentation showing that the facility was operating illegally. Cm. Zika indicated that the supporting documentation should be sent to the Health Department. The facility only operates from 7:30 to 5:30. Cm. Burnham asked if Staff had any documentation verifying the garbage company's claims. Ms. Cirelli indicated no. Cm. Barnes stated that it was difficult for citizens to recycle their materials. There were not enough facilities around who would accept all recyclable materials. Mr. Moss referred to paragraph 4 on page 5 of the Staff Report. The paragraph indicated that the facility could only accept source separated recyclable materials. He indicated that his facility does what they can to remove unwanted materials before Regular Meeting PCM-1991-14 January 22, 1991 [1-22min] ~ ~ transporting to the facility. He had no intent in hauling garbage. Cm. Burnham closed the public hearing. Cm. Burnham asked Staff what legalities were involved in transporting garbage. Mr. Tong indicated that Staff was not prepared to answer that question. He referred to Condition #11 on page 12 of the Conditional Use Permit resolution which recited portions of the Solid Waste Ordinance. He indicated that there were several conditions required by the Alameda County Health Department as well. Cm. Burnham indicated it seemed that if all of the conditions of approval from all of the agencies were complied with there would be no problems with the recycling operation. He asked Staff how the City would be able to monitor the operations within the city limits. Mr. Tong indicated Staff would monitor all of the conditions of approval, as well as any conditions required by other agencies, within a short period of time. There would be annual reviews of the recycling operation as well. Cm. Rafanelli asked if Staff had any control over collection sites outside of the city limits. Mr. Tong indicated Staff would respond on a complaint basis only. Cm. Barnes asked why there was no time limit on the Conditional Use Permit, such as a one, two or three year permit. Ms. O'Halloran indicated that since the management audit, Staff had not been recommending time limits on the use permits. Cm. Zika asked if the Zoning Investigator could have a look at the storage bins or would he need to obtain permission. Mr. Tong indicated that the Zoning Investigator was allowed to review the operation unannounced. Cm. Zika asked if he could be refused access to the facility. Mr. Tong indicated yes. The Zoning Investigator would then formally request the ability to view the site. If he was still not able to enter the facility, revocation procedures would start. Cm. Burnham asked if the application fee had been taken care of. Ms. Cirelli indicated yes. Regular Meeting PCM-1991-15 January 22, 1991 [1-22min] • ~ ~ Cm. Zika felt that the property owner should send out written authorization of what types of recyclable materials were allowed. He requested that a condition of approval be added to indicate the permit was good for one year. Mr. Moss requested clarification on how to renew his permit after the one year time frame. Ms. O'Halloran indicated that the Zoning Investigator would , notify the Applicant when his permit was ready for renewal. A member of the audience asked how long the materials were allowed to sit in the facility. Ms. O'Halloran referred to Condition #11 of the Conditional Use Permit. On motion from Cm. Zika (with the Staff introduced addendum and with two additional conditions; one requiring property owner authorization and one requiring the permit to expire in one year) seconded by Cm. Rafanelli, and with a vote of 4-0, the Commission adopted RESOLUTION NO. 91 - 008 ADOPTING A NEGATIVE DECLARATION FOR PA 90-081 UNITED HANDS ENVIRONMENTAL CENTER CONDITIONAL USE PERMIT TO ALLOW OPERATION OF A RECYCLING FACILITY AND FOOD DISTRIBUTION CENTER AT 6488 SIERRA COURT RESOLUTION NO. 91 - 009 APPROVING PA 90-081 UNITED HANDS ENVIRONMENTAL CENTER CONDITIONAL USE PERMIT APPLICATION TO ALLOW THE OPERATIDN OF A RECYCLING FACILITY WITHOUT OUTDOOR STORAGE AT 6488 SIERRA COURT RESOLUTION NO. 91 - O10 DENYING PA 90-0$1 UNITED HANDS ENVIRONMENTAL CENTER SITE DEVELOPMENT REVIEW APPLICATION TO CONSTRUCT EXTERIOR MODIFICATIONS AT 6488 SIERRA COURT Mr. Tong asked the Commission if they wanted authorization from the property owner for all of the listed items or just the hazardous materials. Cm. Zika indicated just the hazardous materials. NEW OR UNFINISHED BUSINESS None OTHER BUSINESS Mr. Tong indicated that the City Council approved the Chrysler Conditional Use Permit for a one year time frame, as Staff had Regular Meeting PCM-1991-16 January 22, 1991 [1-22min] • ~ ~ ~ recommended. He also indicated that the City Council decided that the Chevron application was consistent with the General Plan. They did not initiate a General Plan/Specific Plan study for the area. This application would need to be brought back before the City Council in order to adopt the appropriate resolutions of approval. Mr. Tong reminded the Commission that a field trip for the West Dublin project was scheduled for January 26th. Mr. Tong reminded the Commission that this year's Planning Commission Institute would be held in Monterey on March 23-25, however, Staff had not yet received the registration forms. PLANNING COMMISSIONERS' CONCERNS Cm. Barnes asked why the application to renew the classroom facility at the church, which had expired on March 18, 1990, had taken so long to be reviewed by the Commission. Ms. O'Halloran indicated that Staff had been working with the Applicant in getting all the appropriate documentation together. Mr. Tong understood that the Applicant had trouble routing our letters to the appropriate person in the church organization. Cm. Barnes asked who could be called to find out where hazardous materials were being accepted. Mr. Tong indicated that interested citizens should call Paul Rankin who was in charge of the recycling program. There were numerous concerns involving hazardous materials, such as water and sewer quality. The Solid Waste Program required the City to reduce the amount of waste by 25~ by the year 1995. The City needed to deal with hazardous materials as well. Cm. Burnham asked who was responsible for patrolling fire lanes in parking lots. He referenced the Albertsons/Payless shopping area and indicated that people always park in the fire lanes. Mr. Tong indicated that it was the property owner's, as well as the store manager's, responsibility to maintain the fire lanes in front of the stores. If they don't, then the Police and Fire Department would enforce the problem on a complaint basis. If there are problems, then the Police and Fire Departments should be told. Reqular Meeting PCM-1991-17 January 22, 1991 [1-22min] • ~ ~ . ADJOURNMENT There being no further business, the meeting was adjourned at 9:55 p.m. Respe ti ely sub itted, , ~ an ing Commiss'on airperson Laurence L. Tong Planning Director Reqular Meeting PCM-1991-18 January 22, 1991 [1-22min]