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HomeMy WebLinkAboutPC Minutes 07-19-1993 ~ + , ~ ~ ~ Regular Meetinq - July 19, 1993 A regular meeting of the City of Dublin Planning Commission was held on July 19, 1993, in the Dublin Civic Center Council Chambers. The meeting was called to arder at 7:30 p.m. by Commissioner Zika. ROLL CALL Present: Commissioners Downey, North, Rafanelli and Zika; Rick Jarvis, Assistant to the City Attorney; Lee Thompson, Public Works Director; Laurence L. Tong, Planning Director; David K. Choy, Associate Planner; and Gail Adams, Recording Secretary. Absent: Commissioner Burnham 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 July 6, 1993 were approved as submitted. ORAL COMMUNICATIONS None WRITTEN COMMUNICATIONS None PUBLIC HEARINGS SUBJECT: PA 92-061 Crown Chevrolet Outdoor Storage/Parking Conditional Use Permit request to expand the operation of an existinq outdoor storaqe/vehicle lot, increasing the storage capacity from 118 parkinq spaces on the northern half of the property to a maximum af 235 parkinq spaces utilizing the entire 1.98 acre parcel located at 6707 Golden Gate Drive (continued from the July 6th Planning Commission meeting). Cm. Zika opened the public hearing and asked for the staff report. Mr. Choy presented the staff report to the Commission indicating that this application had been continued from the July 6th meeting. At that time, the Applicant expressed concern regarding Attachment B of i the draft resolution, particularly the extent of claims for I compensation in damages. He also indicated that the Commission asked for clarification regarding the Traffic Impact Fees and requested that , ' ~ Regular Meeting PCM-1993-71 July 19, 1993 ' [7-19min] ! ~ ~ representatives from the City Attorney's office and Public Works I Department be present at this meeting. Cm. Zika directed the discussion to begin with the waiver of compensation. Mr. Rick Jarvis, Assistant to the City Attorney, indicated that the office had reconsidered its position on the appropriateness of the waiver of compensation. Upon further review of Chapter 7.68 of the Municipal Code, it was determined that, because the Planning Commission had found that the construction and maintenance of the parking lot was not a building or structure, it was not subject to Ordinance 44-87, which provided the basis for requiring a waiver of compensation Cm. North clarified that the City Attorney did not recommend having the Applicant sign the waiver. Mr. Jarvis responded that the City Attorney's office did not recommend that the City require the Applicant to sign the waiver pursuant to Chapter 7.68. Cm. Zika asked if the City Attorney recommended the City have the Applicant sign the revised waiver. Mr. Jarvis responded no, the City Attorney did not advise the City to have the revised waiver signed by the Applicant. Cm. Zika referred to the existing zoning violations on the property and asked if it would be appropriate to connect the violations to Conditional Use Permit approval. Mr. Jarvis explained that the required findings of fact set forth by Section 8-94.0 of the Zoning Ordinance govern whether or not a Conditional Use Permit may be granted and indicated that the only way to make the approval of the Conditional Use Permit contingent upon the resolution of the zoning violations would be if the findings could not be made until the zoninq issues were resolved. Referring to the August 2nd staff report, page 6 of 42 items A- D, he indicated that, because the four findings were made, the Planning Commission would be required to grant the Conditional Use Permit without resolving the zoning violation issue. Cm. North pointed out that the waiver signed by the Applicant indemnifying the City against accidents and injury, which was in the original resolution on page 22 of 42, was not included in the current resolution and questioned the reason for the exclusion. Mr. Choy explained that the attachment was actually a grading permit application and had been required with the original construction. Regular Meeting PCM-1993-72 July 19, 1993 [7-19min] . . . . ~ ~ Cm. Zika asked for additional comments on the zoning violations issue. Hearing none, he asked for comments from the Public Works Department regarding the Traffic Impact Fee. Mr. Thompson explained that, in order to assess a Traffic Impact Fee, a connection between an increase in traffic and the new use (i.e., additional square footage, extra tables, etc.) had to be made. In the case of additional inventory, the connection cannot be made. Cm. Zika asked for additional comments. Hearing none, he closed the , public hearing. I Cm. Rafanelli moved and Cm. Downey seconded the motion to adopt the resolution approving the Conditional Use Permit for PA 92-061. Mr. Choy suggested that the Commission move to strike Condition #2 of the resolution. Cm. Rafanelli amended the motion to include the deletion of Condition #2 from the Conditional Use Permit and the re-numbering of the remaining conditions. This motion was seconded by Cm. Downey, and with a vote of 4-0, the Planning Commission adopted RESOLUTION NO. 93 - 29 APPROVING PA 92-061 CROWN CHEVROLET CONDITIONAL USE PERMIT APPLICATION TO ALLOW EXPANSION OF THE PARKING/AUTOMOTIVE STORAGE LOT NEW OR UNFINISHED BUSINESS SUBJECT: General Plan Conformity for the East County Animal Shelter pro-ject located at 5775 Barnet Road Mr. Choy presented the staff report indicating that the facility would serve Dublin, Pleasanton and Livermore. Staff recommended approval of the draft resolution finding that the location, purpose and extent of the East County Animal Shelter to be in conformity with the Dublin General Plan. Cm. Zika wondered how, in times of budget cuts and lay-offs, the County planned to staff the facility. Mr. Choy responded that the supporting cities would need to generate fees to support the staffing. Cm. Zika closed the public hearing. On motion from Cm. North, seconded by Cm. Rafanelli, and with a vote of 4-0, the Planning Commission adopted Regular Meeting PCM-1993-73 July 19, 1993 [7-19min] . ~ 1 , ~ ~ ~ RESOLUTION 93 - 30 REPORT BY THE CITY OF DUBLIN PLANNING COMMISSIDN AS TO CONFORMITY OF LOCATION, PURPOSE AND EXTENT OF THE PROPOSED EAST COUNTY ANIMAL SHELTER PROJECT WITH THE ADOPTED GENERAI~ PLAN OF THE CITY OF DUBLIN OTHER BUSINESS Mr. Tong indicated that the renewal of the Mortgage Credit Certificate (MCC) Program, which had been renewed historically for several years, and a report on the Tri-Valley Affordable Housing Sub-committee of the Tri-Valley Council would be heard before the City Council at the next meeting. Cm. Zika asked how many people applied for the MCC program last year. Mr. Tong indicated 9 or 10 people took advantage of the program, which helps first-time home buyers purchase their first home. PLANNING COMMISSIONERS' CONCERNS None ADJOURNMENT The meeting was adjourned at 7:55 p.m. Respectfully submitted, ~ ~ r-~---~ lannin , ommission airperson Laurence L. ong Planning Director Regular Meeting PCM-1993-74 July 19, 1993 [7-19min]