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HomeMy WebLinkAboutPC Minutes 11-15-1993 J . • M ~ ~ ~ Regular Meeting - November 15, 1993 A regular meeting of the City of Dublin Planning Commission was held on November 15, 1993, in the Dublin Civic Center Council Chambers. The meeting was called to order at 7:30 p.m. by Commissioner Zika. ROLL CALL Present: Commissioners Burnham, Downey, North, Rafanelli and Zika; Laurence L. Tong, Planning Director; Dennis Carrington, Senior Planner; David Choy, Associate Planner; and Fawn Holman, Recording Secretary. PLEDGE OF ALLEGIANCE TO THE FLAG Cm. Zika led the Commission, Staff, and those present in the pledge of allegiance to the flag. ADDITIONS OR REVISIONS TO THE AGENDA The minutes for November 1, 1993, were approved as submitted. ORAL COMMUNICATIONS None WRITTEN COMMUNICATIONS None PUBLIC HEARINGS SUBJECT: PA 93-058 Stroud's Plaza Conditional Use Permit request to allow a minor modification to the approved Land Use and Development Plan for the Stroud's Plaza Shopping Center, allowing the construction of an approximate 2,048 square foot building at the northeast corner of the site, 7300-7308 San Ramon Road. Cm. Zika opened the public hearing and asked for the staff report. David Choy presented the staff report, indicating that a Conditional Use Permit and Site Development Review for the project was previously approved on September 4, 1990. Although the Site Development Review was still valid, the Conditional Use Permit expired on September 14, 1991. The Applicant planned to voluntarily contribute Traffic Improvement Funds in the amount of $2,250 as part of the project. Mr. Choy further noted that a sit-down restaurant was a permitted use within the Planned Development regulations governing the Stroud's Plaza. Staff recommended that the new building abide by the permitted uses which were established by the original Planned Development District. If a fast-food restaurant were to locate within the new Regular Meeting PCM-1993-99 November 15, 1993 [11-15minJ . . , ~ . ~ ` building, a new Conditional Use Permit would be required, thereby allowing the determination of new traffic impact fee, as well as a re- evaluation of the on-site parking. Cm. Rafanelli expressed concern about the adequacy of 282 parking spaces, especially if another restaurant were to locate in Stroud's Plaza. He pointed out that since 1990 (when the original Conditional Use Permit and Site Development Review were approved), several high volume establishments, such as Stroud's, Country Waffles and the Lyon's Brewery expansion, have located in the shopping center. Mr. Choy pointed out that the peak hours of operation for most of the high volume establishments occurred at different times. For example, Country Waffles' peak hours were in the morning, Lyon's Brewery had peak hours in the evening, and Stroud's had typical 8- 5 p.m. peak hours. The Zoning Ordinance required on-site parking to be provided for retail uses at a ratio of 1 space per 300 square feet of gross floor area. The current 282 parking spaces provided on site represented approximately 1 space per 200 square feet of gross floor area. Cm. North asked if that number, 282 parking spaces, included spaces near Building A, which were not, in his opinion, a convenient distance from the proposed building. Mr. Choy indicated that the parking spaces near Building A were considered available on-site parking. He further indicated that the fault line running through the parking lot required a 50-foot setback on either side, so no building could be placed in that area. The construction of the existing buildings took the fault line into account, were pushed back and parking was provided up front. Several under-utilized parking spaces were also available on the east side of the Stroud's building. Cm. Downey expressed concern about aesthetics of the proposed building and wondered if the trees scheduled for removal would be replaced. Mr. Choy stated that any landscaping removed would be replaced. The Commission discussed the probability of the proposed 20-foot high building blocking the street view of Country Waffles and Hana Japan and decided that the view would be blocked depending on which direction a vehicle was headed. Cm. Zika asked Staff if Country Waffles had been assessed a Traffic Impact Fee. Mr. Choy responded that Country Waffles had not been assessed a Traffic Impact Fee because the restaurant was a permitted use within the Planned Development District. Cm. Zika asked if the retail soccer business was a permitted use within the Planned Development. Regular Meeting PCM-1993-100 November 15, 1993 [11-15min] ~ ~ Mr. Choy indicated that yes, it was a permitted use within the Planned Development. Cm. Downey referred to the plans and questioned an excerpt showing a new monument sign to be located at the entrance on San Ramon Road. Mr. Choy indicated that the monument sign indicated on the map was already in existence; these were the same plans used for the previous Conditional Use Permit and Site Development Review. There was no plan to modify the existing sign. Cm. Burnham commented that the building was nice looking and the traffic problem could be mitigated; however, in his opinion, the proposed location of the building would be aesthetically displeasing. Mr. Choy indicated that, as part of the original Site Development Review application, Staff required the Applicant to soften the look of the building by putting in store-front windows in the elevations facing San Ramon Road. Cm. North asked if the proposed building was not placed east of Building B because of the offset requirement for the earthquake fault line. Mr. Choy confirmed that the earthquake fault line was taken into consideration in the placement of the proposed building. Cm. Downey wondered if the pedestrian path located along San Ramon Road would be usable during the construction of the proposed building. Mr. Choy indicated that obstruction to the pedestrian path would be minimized as much as possible. Richard Jeha, the Applicant, indicated that a combination of negligence on his part and a lack of a tenant for the proposed building had resulted in allowing the Conditional Use Permit to expire. However, a tenant was currently lined up for the proposed building. He further indicated that Country Waffles' peak hours were in the morning and the restaurant closed at 3:00 p.m. Soccer World, the tenants waiting for the proposed building, had peak hours after 3:00 p.m. Cm. Downey asked the number of vacancies in Building A. Mr. Jeha indicated that Building A was approximately 50% vacant (±8,000 square feet) because tenants did not like to be located in the back of the shopping center. He further indicated that, including the proposed building, the center had more than enough parking based on City code. Cm. Zika asked Staff if a restaurant would be allowed to locate in the proposed building. Regular Meeting PCM-1993-101 November 15, 1993 [11-15min] • . • ~ ~ Mr. Choy responded that a fast-food restaurant would not be allowed; however, a sit-down restaurant would be allowed to locate in the proposed building. Cm. Zika asked if another sit-down restaurant, such as Country Waffles, would need a Conditional Use Permit to locate in the shopping center. Mr. Choy indicated that a sit-down restaurant was a permitted use consistent with the Planned Development Requlations currently in place throughout the site. Cm. Zika expressed concern about all of the businesses concentrated in the corner of the site. He asked if Country Waffles had a clause in their lease which prohibited them from staying open after 3:00 p.m. Mr. Jeha replied that, to his knowledge, there was no such prohibition in their lease; however, Country Waffles had previously indicated that they had no plans to ever stay open for dinner. Lynn Clark, 7255 Cronin Circle, asked if there would be another public hearing if a fast-food restaurant were to go into the proposed building. Mr. Choy indicated that a Conditional Use Permit, along with a public hearing, would be required for a fast-food restaurant. Ms. Clark asked for the definition of a fast-food restaurant. Mr. Choy responded that a fast-food restaurant typically had a drive- through aisle and was more oriented toward take-out food. Ms. Clark asked for a description of the architecture of the proposed building and how the removed landscaping would be replaced. Mr. Choy explained that, as conditioned, there would be a 1:1 ratio for tree removal and replacement; additionally, most of the grass area at the corner of San Ramon Road and Dublin Boulevard would remain. Commission and Staff discussed the placement of the building and agreed that the proposed building would be parallel to San Ramon Road with the entrance into the store facing the shopping center. Glass display windows would face San Ramon Road. Cm. Downey indicated that the only existing light standard in the northeast corner of the lot would be removed to accommodate the proposed building and asked if the light would be replaced. Mr. Jeha replied that any light standard removed, would be replaced. Mr. Choy indicated that the proposed application was for the Conditional Use Permit only; however, it was contingent upon the Regular Meeting PCM-1993-102 November 15, 1993 [11-15min] , ~ . previous Site Development Review approval granted for PA 90-045.2. Included in the previous SDR were conditions regarding lighting the parking lot to Police Department security standards. Cm. Zika closed the public hearing. Cm. Burnham reiterated his concern about the aesthetics of a building on the corner. On motion from Cm. North, seconded by Cm. Rafanelli, and with a vote of 4-1, the Planninq Commission adopted RESOLUTION NO. 93 - 041 APPROVING PA 93-058 STROUD'S PLAZA CONDITIONAL USE PERMIT FOR THE MINOR MODIFICATION TO TRE APPROVED PLANNED DEVELOPMENT GENERAL PROVI8ION8 FOR THE STROUD'S PLAZA SHOPPING CENTER ALLOWING THE CONSTRUCTION OF A NEW BUILDING AT 7300-7308 SAN RAMON ROAD NEW OR UNFINISHED BUSINESS Mr. Tong referred to the Planning Commission's request for information regarding the daycare on Amador Valley Boulevard and indicated that the daycare did have several decorations (i.e., 1 girl, 1 boy, 1 infant, 1 cat, 1 nameplate and 2 pencils) on the exterior of the facility. These decorations were permitted by the existing Sign Ordinance as: 1) a nameplate limited to two square feet, or 2) as either a mural or artist painting which do not reflect the use of the property. San Ramon and Danville do not regulate these types of signage associated with daycares. There was no response from Livermore and Pleasanton. Mr. Tong indicated that regarding the parking situation at the daycare, the previous condition specified that the two parking spaces in the garage and the two parking spaces on the driveway would be designated as employee parking only. A Minor Amendment to the Conditional Use Permit was requested to allow the existing garage to be converted. The Minor Amendment was approved by Staff with a deed restriction and a deposit to assure conversion back into a garage if the use went back to a residential use. Mr. Tong further indicated that no complaints had been received by the Zoning Investigator, the Public Works Department or the Police Department regarding the daycare's signage, parking, or drop-off/pick- up of the daycare users. Cm. Burnham asked if the City could legally tell the daycare that a signage limit had been reached and no more would be allowed. Mr. Tong indicated that, although the daycare was close to the limit of allowable signage, they did not exceed what was allowed by the Sign Regular Meeting PCM-1993-103 November 15, 1993 [11-15minJ . • . ~ . Ordinance. Staff felt that a sign showing an adult holding the hands of several children would be an illustration of the daycare's use, and would not be allowed. Staff had established a good communication with the daycare owner, and the Commission's concerns would be relayed to them. Cm. Zika expressed concern that the Minor Amendment to the Conditional Use Permit was approved. The condition regarding parking was specifically inserted in the use permit because of concerns from several of the daycare's neighbors. Mr. Tong responded the Planning Department typically allowed garage conversion with deed restrictions for daycares. Staff had the authority to grant minor modifications to a Conditional Use Permit, even though the condition was applied by the Planning Commission. Copies of the minor amendment requesting the garage conversion had been distributed to the Planning Commission. Cm. Zika indicated that he would have understood the approval of a minor amendment for an item that did not have a specific condition; however, because there were several neighbors at the public hearing e~tpressing concern regarding parking and traffic, a specific condition to mitigate those concerns was inserted. Cm. Zika further suggested that, in the future, if a request for a Minor Amendment to a Conditional Use Permit which pertained to a specific condition was received, make it clear to the Planning Commission that a specific condition was being modified. Cm. North suggested that the Planning Commission could remove Staff's authority to approve minor amendments regarding daycares. Or, when future daycares requested a Conditional Use Permit, a condition could be inserted stating that no minor amendments could be made without Planning Commission approval. Cm. Zika disagreed with such a rigid approach, expressing concern with over-regulation and the need for flexibility. Cm. Burnham also expressed concern with the approval of the minor amendment regarding a specific condition. Mr. Tong reiterated that the parking arrangement that the daycare had with the shopping center around the corner had not created any problems or generated any complaints. If a problem did arise, the Planning Department had the mechanisms within the existing Conditional Use Permit to resolve the problem or revoke the use if necessary. Cm. Zika reiterated his concern about the neighbors who were concerned with the parking and traffic situation and, perhaps, now thought they had been misled. Mr. Tong indicated that the Staff would be extra cautious in the future. Regular Meeting PCM-1993-104 November 15, 1993 [11-15min] i OTHER BUSINESS Mr. Tong indicated that at the November 22, 1993, City Council meeting, the first reading of the BJ Dublin Commercial Planned Development Rezoning, General Plan Amendment and Tentative Map, which was recommended for approval by the Planning Commission, would be introduced. Mr. Tong also indicated that a report regarding Eastern Dublin would go to the November 22nd City Council meeting. Cm. Zika asked if the City could proceed with the project while the lawsuit was pending. Mr. Tong indicated that Staff was working very closely with the City Attorney's office to determine what was necessary to finalize the documents, as well as make the necessary budget adjustments. Mr. Tong then indicated that a study session regarding the traffic impact fees was tentatively scheduled for the January 18, 1994, Planning Commission meeting. Cm. North asked if Staff had information about the possibility of Schaefer Heights submitting an application for 450 homes in Western Dublin. Mr. Tong indicated that Schaefer Heights Development had discussed the development concepts with Staff; however, no formal application had been made. Cm. North pointed out that if Schaefer Heights Development put 450 homes in the western hills, they would have to fund the Schaefer Ranch Interchange on I-580. He commented that, at an average of $60,000 per home for just for the highway and road infrastructure, those homes would be very expensive. COMMISSIONER'S CONCERNS Cm. Burnham asked if outdoor eating had been approved for Country Waffles. Mr. Tong indicated that outdoor eating had not been approved for Country Waffles; however, he was unaware of actual eating taking place outside. Cm. North pointed out that the restaurant had a couple of waiting benches outside and complimentary coffee was available for those waiting. Mr. Tong indicated that it was a good sign to have such a popular eating establishment and, to his knowledge, it had not created a problem with accidents or litter, etc. Supplying complimentary coffee Regular Meeting PCM-1993-105 November 15, 1993 [11-15min] . . ' ~ ~ was not against our zoning regulations; however, the restaurant could not sell the coffee outside. Cm. North asked Staff if the City of San Ramon still planned to have an Albertsons and Longs Drug Store go in near the old Kodak plant now that homes were being planned for that area. Mr. Tong indicated that the City of San Ramon was still pursuing a small grocery store and drug store for that area (i.e., Albertson's and Longs). Cm. Downey expressed concern for pedestrians and bicyclists crossing the street at Village Parkway and Kimball Avenue. The Pedestrian Crossing sign located in the median was obstructed by trees and not easily visible. Mr. Tong indicated that the Public Works Department would be notified quickly. ADJOURNMENT The meeting was adjourned at 8:14 p.m. Respectfully submitted, a f f ,.~.:~.~--~,_...t. ,z,,,,.,,. ~lanning C` ission C 'irperson «W ~ Laurence L. Tong Planning Director Regular Meeting PCM-1993-106 November 15, 1993 [11-15min]