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HomeMy WebLinkAboutPC Minutes 08-15-1994 . - • ~ Regular Meeting - August 15, 1994 A regular meeting of the City of Dublin Planning Commission was held on August 15, 1994, in the Dublin Civic Center Council Chamber. The meeting was called to order at 7:30 p.m. by Commissioner North. * * * * * * * * * * ROLL CALL Present: Commissioners Burnham, North, Rafanelli and Zika; Dennis Carrington, Senior Planner; Ralph Kachadourian, Assistant Planner; and Fawn Holman, Recording Secretary. Absent: Laurence Tong, Planning Director * * * * * * * * * * PLEDGE OF ALLEGIANCE TO THE FLAG Cm. North led the Commission, Staff, and those present in the pledge of allegiance to the flag. * * * * * * * * * * ADDITIONS OR REVISIONS TO THE AGENDA The minutes of the July 18, 1994, meeting were approved as submitted. * * * * * * * * * * ORAL COMMUNICATIONS Cm. North suggested that the election of the Vice-Chairperson be deferred until after the public hearings. Commission concurred. * * * * * * * * * * WRITTEN COMMUNICATIONS None * * * * * * * * * * PUBLIC HEARINGS SUBJECT: PA 94-033 Moore Second Unit Addition Conditional Use Permit approval request for a 224 square foot addition to an existing residence for use as a second unit, located at 11555 Circle Wav. Cm. North opened the public hearing and asked for the staff report. Regular Meeting PCM-1994-87 August 15, 1994 [8-15min] . • • • Mr. Ralph Kachadourian, Assistant Planner, presented the staff report, indicating that Item #3 of the Deed Restriction Covenant (Attachment 3) should be deleted because occupancy requirements would be met in Item #2. The unit could be utilized as a rental unit; however, the owner-occupants must reside in one of the two units. Staff recommended approval of the Conditional Use Permit request as conditioned in the draft resolution, Exhibit B. Cm. Zika asked if the provisions outlined in Item #2 required the unobstructed doorway connecting the second unit between the principle residence (Item #3). Mr. Kachadourian indicated no. Cm. Zika asked why the provision was originally inserted. Mr. Kachadourian indicated that the provision had been inadvertently included. Cm. Zika clarified that the second unit could be rented out when the family member was no longer living in it, as long as the owner lived in one of the units. Mr. Kachadourian concurred with the clarification. Mr. Dennis Carrington, Senior Planner, pointed out that the ordinance was intended to increase the affordable housing supply. Cm. Burnham asked for clarification as to how the three required off- street parking spaces would be configured and enforced. Mr. Carrington pointed out that, with a deep lot, the cars could park in tandem. Cm. Burnham questioned how the requirement would be enforced. Mr. Kachadourian indicated that Condition #5 required that the Zoning Investigator complete an annual review to determine compliance. He further indicated that the side of the driveway could be paved as an additional parking area. Cm. Burnham asked for further clarification regarding the deletion of Item #3 of the Deed Restriction Covenant. Mr. Carrington indicated that the intent of the condition was the require an open doorway so a wheelchair-bound person (property co- owner) could have access to both units. However, Staff realized that the Applicant should have the option of having a closed and lockable door to separate the two units. Cm. Burnham asked if access between the two units was required. Regular Meeting PCM-1994-88 August 15, 1994 [8-15minJ . • ~ • Mr. Carrington replied that it was permissible to have a door, but not an unobstructed doorway. Cm. Zika pointed out that the Applicant could put in a solid wall or put in a door at their option. Staff concurred. Cm. Burnham referred to the last second unit request the Commission approved, pointing out that the it was conditioned that the unit could not be rented out; only family members were allowed to live there at no cost. Commission and Staff discussed the differences in the conditions of approval for the two requests, indicating that each situation required different conditions of approval. Steve Koski, the Applicant, indicated that neither he nor the property owners had any concerns regarding the conditions of approval. Cm. North closed the public hearing. On motion from Cm. Rafanelli, seconded by Cm. Zika, and with a 4-0 vote, the Planning Commission adopted RESOLUTION NO. 94-022 APPROVING PA 94-033 MOORE SECOND UNIT CONDITIONAL USE PERMIT TO ALLOW A 224 SQUARE FOOT ADDITION TO THE EXI3TING RESIDENCE AND A RITCHEN WITHIN AN EXISTING 196± SQUARE FOOT UTILITY/LAUNDRY ROOM FOR USE AS A SECOND UNIT LOCATED AT 11555 CIRCLE WAY SUBJECT: PA 94-017 Crown Chevrolet/Buick Conditional Use Permit and S_ite Development Review approval request for the architectural upqrade and expansion to the existing Crown Chevrolet, Buick, Geo and Isuzu automobile dealership located at 7544 Dublin Boulevard. The proposal incudes the voluntary contribution of Traffic Improvement Funds in the amount of 52,840 (continued from the Auqust 1, 1994, meetina). Cm. North opened the public hearing and asked for the staff report. Mr. Kachadourian presented the staff report, distributing the phased correction program submitted by the Applicant, which addressed all zoning and building code violations, as required in Condition #4 of the Conditional Use Permit. Staff recommended approval of the Conditional Use Permit and Site Development Review request, subject to the conditions specified in draft resolutions, Exhibits B and C. Cm. Zika pointed out that the zoning violations were three years old and still had not been corrected. Although the phased correction program assured the violations would be corrected, no dates specified Regular Meeting PCM-1994-89 August 15, 1994 [8-15min] . • • ~ when they would be corrected. What enforcement mechanisms did the City have which would insure correction? Cm. North referred to Pat Costello's letter attached to the phasing program, indicating that one paragraph read, "Our current information would have the new road and our building being completed by the end of 1995." Did that mean that the violations would be fixed by the end of 1995 or they would start to correct the violations by the end of 1995. Mr. Kachadourian responded that the Applicants indicated that the metal storage shed would be demolished when the 5,000 square foot building was completed, which would take place when the connector road went through the property in the back. Staff was advised by Public Works that CalTrans estimated that the road would be complete within two years. Cm. Zika pointed out that CalTrans was out of money. Mr. Kachadourian referred to Condition #2, regarding seven storage containers, indicating that the Applicant had recently met with the Building Official and it was determined that the storage containers did meet the building and fire code requirements. Mr. Kachadourian referred to Condition #3, regarding waste oil and diesel tank, indicating that the Fire Department asked the Applicant to bring it into compliance. Cm. North asked if the concrete block containment enclosure was recommended because the tank was not currently in compliance with fire codes. Mr. Kachadourian had no record as to its compliance with fire codes. Cm. North pointed out that potentially a Fire Department violation would not be corrected for another year or so. Mr. Kachadourian reiterated that the Fire Department had not indicated whether the concrete container was a requirement or a suggestion. Mr. Bill Schmidt, CSB Construction, introduced Les Jones, representing Crown Chevrolet/Buick, and indicated that they recently met with City officials and resolved the problems. As such, Crown Chevrolet/Buick was willing to comply with all Staff recommendations. Mr. Schmidt expressed concern regarding the violations, indicating that he was not involved in the project three years ago when the violations occurred. He assured the Commission that all code violations would be fixed, suggesting that Staff make code compliance a condition of approval before occupancy of the building. Mr. Schmidt referred to the Fire Department recommendation regarding the concrete block enclosure, indicating that the tank was required for positive containment of a spill. CBS Construction planned to Regular Meeting PCM-1994-90 August 15, 1994 [8-15min) ~ ! begin work by October 1, 1994, and would bring most of the violations into compliance at that time. Cm. North asked for exact timing, expressing concern about delays. Mr. Schmidt indicated that the concrete work would be the first part of the project and the fire code violations would be brought into compliance during October. He praised Staff's cooperation in helping them bring an old building, which would meet all the current handicapped and energy regulations, into the 199os. Cm. North pointed out that eight zoning and building code violations had not been corrected in three years and expressed concern that the violations would not be corrected in the future. He asked the Applicant to comment on any or all of the violations listed on page 22 of the staff report, pointing out that the Applicant's phasing program did not indicate dates for corrections. Mr. Schmidt reviewed Items 1 and 4 of the phased program, indicating that the violations would be resolved when the proposed 5,000 square foot building was constructed; however the building could not be built until CalTrans installed their proposed road at the back of the property (estimated for completion late-1995). Item 1, a metal storage shed, was used for miscellaneous storage only, and according to the Building Official, constituted a permitted M-1 occupancy. It would; however, be removed when the new building was built. Mr. Schmidt continued to Item #2 of the phased program, indicating that, after discussion with Staff, it became apparent that the seven containers were not in violation. Cm. North asked Staff for confirmation of the observation. Mr. Kachadourian confirmed that Item #2 was not a violation. Cm. Zika asked if Staff agreed that Item #1, the storage shed, was a permitted use under existing ordinances. Mr. Kachadourian indicated that Staff felt that Item #1 was in violation, pointing out that there was a fine line between what was and was not occupied. Cm. North asked if anyone worked in the building. Mr. Kachadourian had not observed anyone working in the building; although, workers did enter the building to retrieve items. Commission, Staff and the Applicants discussed the use of the storage shed, concluding that the building was used for storage only and was not occupied. Cm. North asked Staff to again confirm that Item #2, the seven storage containers, were an accepted use. Regular Meeting PCM-1994-91 August 15, 1994 [8-15min] . • . • Mr. Kachadourian confirmed that Item #2 was a permitted use as long as they met Building Code requirements. Cm. North confirmed that the Applicant planned to comply with Item #3, the waste oil and diesel tank, in October 1994. Mr. Schmidt confirmed the date of compliance. Cm. North asked about Item #4, fabric tents. Mr. Schmidt discussed the phased program for Item #4, indicating that, according to the Building Official, the uniform building code permitted permanent "membrane" structures as long as they were labeled as fire-retardant and fastened to meet the wind code. Their tents met both criteria; however, would be removed when the 5,000 square foot building was constructed. Cm. North confirmed that the Applicant was contending that the tents were not a violation. Mr. Schmidt confirmed that, according to the Building Official, the two tents were not in violation. Cm. North asked if Staff agreed with the contention. Mr. Kachadourian could not confirm nor deny the contention since he had not had the opportunity to discuss the matter with the Building Official since the phased program had been delivered that day. Cm. North referred to Item #5, the roof over screened compressor unit, and asked when it would be removed. Mr. Schmidt indicated that the roof wouid be removed during the construction phase in October 1994. Cm. North referred to Item #6, the dividing wall in the paint shop, and asked what corrective measures would be taken. Mr. Schmidt indicated that a permit would be taken out and the Applicant would work with the Building Department to bring the wall up to code. Cm. North indicated that the building permit should be taken out immediately and not wait until October. Mr. Schmidt agreed with the suggestion. Cm. North asked if Item #7, threshold height, would be corrected during construction in October, pointing out that anything over 1/2" did not comply with the handicapped law. Mr. Jones indicated that the threshold height could be corrected immedi.ately. Regular Meeting PCM-1994-92 August 15, 1994 [8-15minJ . . i • Cm. North asked about Item #8, the illegally constructed mezzanine. Mr. Schmidt indicated that the stairway would be removed and storage relocated immediately. Mr. Schmidt further indicated that the Building Official had brought up an additional requirement regarding the sand blast storage tank, expressing concern that the building was not properly fastened to meet seismic codes. CSB Construction would examine the unit and make sure it met seismic fastening requirements, and any retrofit for anchoring devices would be taken care of at the same time. Cm. Zika asked the Applicants how they felt about Items #4-8 being conditioned to be corrected with 90 days of obtaining the building permit or the permit would be revoked. Mr. Schmidt approved of the suggestion. Mr. Jones approved of the suggestion. Cm. North asked what would be done about Items #1-4. Cm. Zika pointed out that all agreed that Items #1 & 2 were not , violations; Item #3 would be taken care of within the 90 day period; however, Item #4 was unknown. ' Cm. Zika further clarified that Items #3, 5, 6, 7 and 8 would be ' corrected with 90 days of obtaining the building permit. II Cm. North asked the Applicant if the tents would be removed within 90 days if they were determined to be in violation. I Mr. Schmidt indicated that the tents were very important to their operation and asked permission to work with Staff to phase them out during a reasonable period of time, if necessary. However, their first choice would be to build the 5,000 square foot building, then dismantle the tents. Cm. North clarified that the Applicants would no longer need the tents after the building was constructed, and if the tents were deemed in violations, they could be gone by the end of 1995. Mr. Schmidt concurred. Cm. North clarified that Items #1 and 2 were not violations, per Staff; Items #3, 5, 6, 7 and 8 would be corrected within 90 days after issuance of the Building Permit; and Item 4 was still an unknown, but corrected when the 5,000 square foot building was completed. Commission and the Applicants discussed timing of the new building and agreed that it was dependent on CalTrans' construction of the new road. Further discussion regarding the tents indicated that the tents had a short life-span and would not be replaced with new ones. Regular Meeting PCM-1994-93 August 15, 1994 [8-15min] . • ~ ~ Cm. Zika again expressed concern for the correction of the violations, which had not been corrected in the last three years. Mr. Schmidt indicated that their phased program was in good faith. Cm. Burnham had no problem with the plan; however, expressed concern regarding a"catch-22" situation with CalTrans. Cm. North expressed concern that the tents went up without a building permit; therefore, the Applicants were in violation of the building code. In his opinion, the Commission should never give permission for someone to keep violating a building code. Mr. Carrington pointed out the violation corrections could be conditioned in any other permit the Applicants applied for, such as a new Master Sign Program. Cm. North asked Staff why the standard parking spaces were 9' x 18' which was in violation of the ordinance (which was 9' x 20'), and expressed concern that the Commission was approving parking spaces that did not meet the requirements. In his opinion, the Applicants should meet the requirements or the requirements should be changed. Commission and Staff discussed parking regulations (including landscaping, overhangs, and parking angles) and indicated that the parking plan had been reviewed and approved by both the Public Works and Building Departments. Cm. North closed the public hearing. Cm. Zika suggested adding an Item #14 to draft resolution, Exhibit B, approving the Conditional Use Permit, to indicate that Items #3, 5, 6, 7 and 8 of Mr. Costello's phased correction program, dated August 15, 1994, would be corrected within 90 days after issuance of the building permit. If not completed within 90 days, additional construction would be halted until the items were corrected. Mr. Kachadourian suggested making the item a new Condition #5 and re- number the following conditions. Commission concurred with the suggestion. On motion by Cm. Zika, seconded by Cm. Rafanelli, including the new Condition #5, and with a vote of 4-0, the Planning Commission adopted RESOLUTION NO. 94 - 023 APPROVING PA 94-017 CROWN CHEVROLET/BUICR CONDITIONAL USE PERMIT REQUEST TO ALLOW A NET 1,850± SQUARE FOOT EXPANSION OF THE AUTO DEALERSHIP U8E WITH A NEW 3HOWROOM ADDITION TO REPLACE THE EXISTING 600± SQUARE FOOT USED CAR OFFICE TRAILER IN THE C-2, GENERAL COMMERCIAL DISTRICT, LOCATED AT 7544 DUBLIN BOULEVARD Regular Meeting PCM-1994-94 August 15, 1994 [8-15min] I . ~ ~ i ~ ~ RESOLIITION NO. 94 - 024 I APPROVING PA 94-017 CROWN CHEVROLET/BIIICR SITE DEVELOPMENT REVIEW I REQUEST TO ARCHITECTURALLY UPGRADE THE FACADE OF THE EXISTING AOTOMOBILE DEALERSHIP SHOWROOM, TO THE NEW SHOWROOM ADDITION AND TO I THE SERVICE BUILDING WALL FACING DUBLIN BOULEVARD, LOCATED AT 7544 DUBLIN BOULEVARD ~ SUBJECT: PA 94-025 Shamrock Ford Expansion Conditional Use Permit/Site Development Review approval request to expand the existing 5,325± square foot body shop building by 1,704± sauare feet, located at 7499 Dublin Boulevard. The proposal inc_ludes the voluntary contribution of Traffic Improvement Funds in the amount of 51,270. Cm. North opened the public hearing and asked for the staff report. Mr. Kachadourian presented the staff report, indicating that the Applicant would work with Staff to bring all on-site, non-conforming accessory structures into compliance. Staff recommended approval of the Conditional Use Permit and Site Development Review, subject to the conditions of approval specified in draft resolutions, Exhibits B and C. Cm. North asked if there was a condition requiring the Applicant to bring the accessory structures into compliance. Mr. Kachadourian indicated that Condition #5 of Exhibit B required the structures to be brought into compliance. Mr. James Woulfe, President of Shamrock Ford, indicated that he understood and agreed with the conditions of approval. Cm. North closed the public hearing. On motion by Cm. Zika, seconded by Cm. Burnham, and with a 4-0 vote, the Planning Commission adopted RESOLUTION NO. 94-025 APPROVING PA 94-025 SHAMROCR FOR CONDITIONAL USE PERMIT REQIIE3T TO EBPAND THE E%ISTING 5,325± SQUARE FOOT BODY SHOP BUILDING BY 1,704± SQUARE FEET LOCATED WITH THE C-2, GENERAL COMMERCIAL DISTRICT AT 7499 DUBLIN BOULEVARD RESOLUTION NO. 94-026 APPROVING PA 94-025 SHAMROCR FORD SITE DEVELOPMENT REVIEW REQUEST TO EXPAND THE EXISTING 5~325± SQUARE FOOT BODY 3HOP BUILDING BY 1~704± SQUARE FEET LOCATED AT 7499 DIIBLIN BOULEVARD Regular Meeting PCM-1994-95 August 15, 1994 [8-15min] ' ~ • ~ SUBJECT: Election of Vice Chairperson (continued from August 1, 1994, meetina). Cm. North asked for nominations to fill the Vice Chairperson vacancy created by the resignation of Cm. Dan Downey. On motion by Cm. Burnham, seconded by Cm. Zika, and with a 4-0 vote, Cm. Ralph Rafanelli was appointed Planning Commission Vice Chairperson. * * * * * * * * * * NEW OR UNFINISHED BUSINESS . Mr. Carrington indicated that the first reading of the Sign Ordinance Amendment went to City Council the previous week. City Council modified the Section 2.10, relating to non-conforming signs, indicating that only those signs rendered illegal by the prior ordinance would become legal non-conforming (no longer "any" illegal signs). Mr. Carrington indicated that, as suggested by Councilmember Houston, Temporary Political Sign dimensions would be doubled from a total of 16 square feet to a total of 32 square feet. Mr. Carrington further indicated that the Council directed Staff to review various options to deal with signs on vehicles, one of which would be to contact the owners of the shopping centers-'and ask them to change their leasing agreements to require no storage of vehicles beyond a certain number of hours, etc. Cm. North pointed out that the recommendation was similar to Planning Commission recommendations. Mr. Carrington agreed and further indicated that enforcement of Chapter 6.8 of the Municipal Code relating to abatement of abandoned vehicles may be an option, being applicable to vehicles which, although currently registered, were basically inoperable due to broken windshields, etc. Commission and Staff discussed other abatement options and indicated that various options would be presented to the Council at the second reading of the ordinance. * * * * * * * * * * OTHER BUSINESS (Commission/Staff Information Only Reports~ Cm. Burnham expressed concern over the proposed name change for the Parks and Recreation Department and felt that a name change would be confusing. Regular Meeting PCM-1994-96 August 15, 1994 [8-15min] . ~ . , ~ • Cm. Burnham indicated that a double-tanker truck had been parking in Circuit City's lot for several hours a day for the past six months and expressed concern that it took up too much space now that Chuck E Cheese was open. Commission and Staff discussed the matter, indicating that the Zoning Investigator could work with the Police Department to resolve the situation. Cm. North referred to the eight zoning violations listed in the Crown Chevrolet CUP/SDR staff report, expressing concern that Staff did not inform the Commission during the staff report presentation that some of the items listed were determined not to be violations. Staff should inform the Commission of any updates or changes, not leave it up to the Applicant to do so. Staff concurred. * * * * * * * * * * ADJOURNMENT The meeting was adjourned at 8:55 p.m. * * * * * * * * * * Respectfully submitted, Planning mmission Chairperson ATT ST: ~ Laurence L. Tong, lan ing Director Regular Meeting PCM-1994-97 August 15, 1994 [8-15min]