HomeMy WebLinkAboutItem 6.2 Amercn CityTruckStop CUP (2)
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CITY OF DUBLIN
AGENDA STATEMENT
CITY COUNCIL MEETING DATE:
May 13, 1991
SUBJECT:
Appeal of PA 91-005 American City Truck Stop
Conditional Use Permit located at 6310 Houston
Place
REPORT PREPARED BY: Ralph Kachadourian, Assistant Planner
~
EXHIBITS ATTACHED: Exhibit A:
Approved Site Plan
Exhibit B: Draft Resolution of Approval of the
Conditional Use Permit
Attachment 1: Planning Commission Resolution No.
91-002 Conditional Use Permit
Attachment 2: Minutes from the March 18 and April
I, 1991 Planning Commission
Meetings
Attachment 3: Letter of Appeal dated received
April 4, 1991 and April 15, 1991
Attachment 4: Intersection Location Map
Attachment 5: Location/Zoning Map
Attachment 6: Photographs taken April I, 1991
~~
1 )
2)
3)
4)
5)
Open Public Hearing and hear Staff
presentation
Take testimony from Applicant and the public
Question Staff, Applicant and the Public
Close Public Hearing and deliberate
Adopt Resolution (Exhibit B) approving
Conditional Use Permit, or give Staff and
Applicant direction and continue the matter
RECOMMENDATION:
FINANCIAL STATEMENT:
See Description
DESCRIPTION:
Backqround
On January 17, 1991, the Applicant submitted an application
requesting Conditional Use Permit approval to continue the operation
of a truck stop, weigh scale, long term storage of trucks and
ancillary retail space at 6310 Houston Place. A previous Conditional
Use Permit for the truck stop expired on January 20, 1991.
---------~--~-----------------------------------------------------
ITEM NO. ~ COPIES TO: General/Agenda File
[91005csr] . .-1:/7 1(C-rJ_S/l Proj~ct Planner
~ j..:..;u U Appllcant
On March 18, 1991, the Planning Commission conducted a public
hearing and continued the item to the April 1, 1991 Planning
Commission meeting.
On March 28, 1991, the Planning Commission and Staff conducted a
field trip to the American City Truck Stop site to review the
landscaping requirements and the overall condition of the property.
On April 1, 1991, the Planning Commission adopted Planning
Commission Resolution No. 91-022 (Attachment 1) approving Conditional
Use Permit PA 91-005.
On April 4, 1991, the Planning Commission action was appealed by
the Applicant. The Applicant is appealing Condition #5 of Resolution
No. 91-022 which requires the Applicant to remove and replace the A.C.
pavement section and curb and gutter on Houston Place at the
intersection of Dougherty Road subject to Public Works approval
(Attachment 3). The Applicant contends that the repair of the street,
curb and gutter is the responsibility of the City and that water has
caused the failure of the pavement and concrete.
Analysis
The Planning Commission approved Staff's reco~endation of the
Conditional Use Permit for American City Truck Stop which included a
condition for repair of the A.C. paving and concrete gutter at the
Houston Place/Dougherty Road intersection. Since the use accommodates
fully laden truck/trailer rigs, the Public Works Department has
reviewed and determined that the stopping and maneuvering of these
fully laden vehicles at this intersection has caused the failure of
the pavement and concrete gutter. Both the American City Truck stop
and the Admiral Van and Storage uses generate truck traffic. The
Public Works Department will do daily counts at the intersection to
determine the traffic split between American City Truck Stop and
Admiral Van and Storage.
Staff recommends that the American City Truck Stop share in the
cost of the pavement and curbed gutter repair based on the truck
stop's proportionate share of the truck traffic using Houston Place.
The method of repair and the cost shall be worked out between the
Applicant and the Public Works Director. The City will need to incur
the remaining share of the repair costs since Admiral Van and storage
is not applying for any new permits.
Attached for Council consideration is a Draft Resolution (Exhibit
B) with modification to Condition #5 approving the American City Truck
Stop Conditional Use Permit.
-2-
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RESOLUTION NO. 91 -
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
---------------------------------------------------------------------
APPROVING PA 91-005 AMERICAN CITY TRUCK STOP CONDITIONAL USE PERMIT
TO OPERATE A TRUCK STOP, WEIGH SCALE, LONG TERM STORAGE OF TRUCKS
AND ANCILLARY RETAIL SPACE WITH MODIFICATION TO CONDITION #5
AT 6310 HOUSTON PLACE
WHEREAS, Fred L. Houston, owner of American City Truck Stop, filed an
application for a Conditional Use Permit to allow the operation of an
existing truck stop, weigh scale, long term storage of trucks and ancillary
retail space ~t 6310 Houston Place; and
WHEREAS, the Planning Commission did hold a public hearing on said
application on March 18, 1991 and April 1, 1991; and
WHEREAS, the application has been reviewed in accordance with the
provisions of the California Environmental Quality Act (CEQA) and was found
to be categorically exempt under Section 15301, Class 1 ; and
WHEREAS, the City of Dublin Zoning Ordinance allows other uses found
by the Planning Commission to meet the intent of the M-l District subject
to approval of a Conditional Use Permit; and
WHEREAS, the Planning Commission did hear and consider all said
reports, recommendations and testimony hereinabove set forth; and
WHEREAS, on April 1, 1991, the Planning Commission adopted Resolution
No. 91-022, approving PA 91-005 Conditional Use Permit for American City
Truck stop; and
WHEREAS, Condition #5 of the Planning Commission Resolution No. 91-022
action approving PA 91-005 American City Truck Stop Conditional Use Permit
was appealed; and
WHEREAS, the City Council held a public hearing on the appeal on May
13, 1991; and
WHEREAS, proper notice of said public hearing was given in all
respects as required by law; and
WHEREAS, the Staff Report was submitted to the City Council
recommending the City Council approval of the Conditional Use Permit
application; and
WHEREAS, the City Council heard and considered all reports,
recommendations and testimony hereinabove set forth.
NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin City Council does
hereby find:
A. The proposed project will serve a public need by providing a
truck stop, weigh scale, long term storage of trucks and
ancillary retail space to the community.
EXHIBIT B
B. The use will be properly related to other land uses and
transportation and service facilities in the vicinity, as the
proposed use will be compatible to the type and nature of
operations typically found in the neighborhood.
C. The use, under all circumstances and conditions of this
particular case, will not materially adversely affect the health
or safety of persons residing or working in the vicinity, or be
materially detrimental to the public welfare or injurious to
property or improvements in the neighborhood, as all applicable
regulations will be met.
D. The use will not be contrary to the specific intent clauses or
performance standards established for the district in which it is
to be located, in that conditions have been applied to insure
conformance with the Zoning Ordinance.
BE IT FURTHER RESOLVED THAT THE Dublin city Council does hereby
conditionally approve PA 91-005 American City Truck stop Conditional Use
Permit as shown by Exhibit A, subject to the following conditions:
CONDITIONS OF APPROVAL:
Unless stated otherwise, all Conditions of Approval shall be complied with
prior to the issuance of buildinq permits or establishment of use, and
shall be subiect to Planninq Department review and approval. The followinq
codes represent those departments/aqencies responsible for monitorinq
compliance of the conditions of approval. [PLl Planninq, [Bl Buildinq,
[POl police, [PWl Public Works, [ADMl Administration, [FINl Finance, [Fl
Douqherty Reqional Fire Authority, [DSRl Dublin San Ramon Services
District, [COl Alameda County Department of Environmental Health.
1. PA 91-005 is approved for a truck stop, weigh scale, long term storage
of trucks and ancillary retail space, located at 6310 Houston Place as
generally depicted on the site plan/Staff-Study #2 dated March 28,
1991, stamped approved, labeled Exhibit A, and as modified by
Conditions of Approval. [PL]
2. The Applicant and/or Property Owner shall submit a detailed landscape
and irrigation plan for the phase two landscaping as shown by Exhibit
A, Staff-Study #2 Landscape Plan (option #2) for review and approval
by the Planning Director within 30 days of the effective date of
approval of this Conditional Use Permit. The landscaping plan shall
include the installation of larger wheel stops for truck and trailer
parking. The landscaping and wheel stops shall be installed within 90
days of said approval. [PL]
3. The existing landscaping along the north and west portions of the
property shall be maintained in a viable and well kept manner at all
times. Any proposed changes to the overall site landscape layout,
design or plant type shall be subject to review and approval of the
Planning Director. [PL]
4. The Applicant and/or Property Owner shall submit a parking lot
striping plan for review and approval by the Planning Director. The
/91005re2
- 2 -
striping plan shall show double-striped parking spaces for the
existing six spaces along the west perimeter and the repainting of
arrows and pavement markings on the site. All striping, arrows and
pavement markings on the site shall be repainted in compliance with
approved plans, to the satisfaction of the Planning Director within 90
days of the effective date of this Conditional Use Permit approval.
[PL]
5. The Applicant and/or Property Owner shall remove and replace the
failed A.C. pavement section and curb and gutter on Houston Place from
the intersection of Dougherty Road to the first driveway on Houston
Place. The Applicant shall share in the cost based on his
proportionate share of the truck traffic using Houston Place. The
method ~f repair and cost shall be determined by the Applicant and the
Public Works Director. An encroachment permit must be obtained from
the Public Works Director prior to repair. This condition shall also
apply to any future repair costs to Houston Place based on the
proportionate share of the truck traffic using the truck stop
operation. [PW]
6. The concrete drainage swales and failed asphalt at several locations
on the property must be replaced or repaired to the satisfaction of
the Public Works Director. [PW]
7. All activities shall be controlled so as not to create a nuisance to
the existing and/or future businesses on parcels adjoining the subject
property. [PL]
8. The Applicant and/or Property Owner shall post signs on the site to
direct truck/trailer traffic onto the property. Said signs shall be a
maximum of 8 square feet and be at the entrances to the site. [PL, PW]
9. Any new or proposed signs added to the site shall be subject to review
and approval by the Planning Director prior to installation. [PL]
10. No loudspeakers or outside amplification of music shall be allowed.
[PL]
11. The property shall be maintained in a clean and litter-free condition
at all times. [PL]
12. Trash facilities shall be readily available within the truck parking
area subject to review and approval by the Planning Director. [PL]
13. The building shall be kept in good repair, and if necessary, be
repainted in a color to match the existing building color. [PL]
14. The truck parking area shall be surrounded on the south and east sides
by a solid wall or fencing subject to review and approval by the
Planning Director. This condition may be met by adjacent fencing.
[PL]
15. No outdoor storage of any materials or equipment is allowed except
long term truck storage and items "trailed" on trucks. [PL]
/91005re2
- 3 -
16. The Applicant must comply with all requirements of the Alameda County
Department of Environmental Health and Dougherty Regional Fire
Authority relating to the existing underground fuel tank on site. [CO,
F]
17. The Applicant shall provide written documentation to the Planning
Department that the requirements of Alameda County Department of
Environmental Health and Dougherty Regional Fire Authority have been
met. [PL]
18. The Applicant shall bring the site into conformance with the project
conditions of approval within ninety (90) days from the effective date
of this approval. [PL]
19. No modifications to the site shall occur without prior review and
written approval of the Planning Director and must comply with all
applicable zoning, Building Code and Public Works regulations
including issuance of building permits if required. [PL, B, PW]
20. On at least an annual basis, this Conditional Use Permit shall be
subject to Zoning Investigator review and determination as to
compliance with the conditions of approval. [PL]
21. This permit shall be null and void in the event the approved use
ceases to operate for a continuous one year period. [PL]
22. This permit shall be revocable for cause in accordance with Section 8-
90.3 of the Dublin Zoning Ordinance. Any violation of the terms or
conditions of this use permit shall be subject to citation. [PL]
PASSED, APPROVED AND ADOPTED this 13th day of May, 1991.
AYES:
NOES:
ABSENT:
MAYOR
ATTEST:
City Clerk
/91005re2
- 4 -
RESOLUTION NO. 91 - 022
---------------------------------------------------------------------
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
APPROVING PA 91-005 AMERICAN CITY TRUCK STOP CONDITIONAL USE PERMIT
TO OPERATE A TRUCK STOP, WEIGH SCALE, LONG TERM STORAGE OF TRUCKS
AND ANCILLARY RETAIL SPACE AT 6310 HOUSTON PLACE
WHEREAS, Fred L. Houston, owner of American city Truck stop, filed an
application for a Conditional Use Permit to allow the operation of an
existing truck stop, weigh scale, long term storage of trucks and ancillary
retail space at 6310 Houston Place; and
WHEREAS, the city of Dublin zoning Ordinance allows other uses found
by the Planning commission as may meet the intent of the M-1 District
subject to approval of a Conditional Use Permit process; and
WHEREAS, the Planning commission did hold a public hearing on said
application on March 18, 1991 and April 1, 1991; and
WHEREAS, proper notice of said public hearing was given in all
respects as required by law; and
WHEREAS, the application has been reviewed in accordance with the
provisions of the California Environmental Quality Act (CEQA) and was found
to be categorically exempt under section 15301, Class 1 ; and
WHEREAS, the Staff Report was submitted recommending that the
application be conditionally approved, subject to conditions; and
WHEREAS, the Planning Commission did hear and consider all said
reports, recommendations and testimony hereinabove set forth.
NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission
does hereby find:
A. The proposed project will serve a public need by providing a
truck stop, weigh scale, long term storage of trucks and
ancillary retail space to the community.
B. The use will be properly related to other land uses and
transportation and service facilities in the vicinity, as the
proposed use will be compatible to the type and nature of
operations typically found in the neighborhood.
C. The use, under all circumstances and conditions of this
particular case, will not materially adversely affect the health
or safety of persons residing or working in the vicinity, or be
materially detrimental to the public welfare or injurious to
property or. improvements in the neighborhood, as all applicable
regulations will be met.
D. The use will not be contrary to the specific intent clauses or
performance standards established for the district in which it is
to be located, in that conditions have been applied to insure
conformance with the zoning Ordinance.
ATTACHMENT /
BE IT FURTHER RESOLVED THAT THE Dublin Planning commission does hereby
conditionally approve PA 91-005 American city Truck stop Conditional Use
Permit as shown by materials labeled Exhibit A, on file with the Dublin
Planning Department, subject to the following conditions:
CONDITIONS OF APPROVAL:
Unless stated otherwise all Conditions of Aooroval shall be com lied with
prior to the issuance of building oermitsor establishment of use. and
shall be subject to Plannino Department review and aooroval. The follo>lino
codes reoresent those departments/aoencies resoonsible for monitorino
comoliance of the conditions of aooroval. rPLl Plannino rBl Buildina
,PO, police. ,PW Public Works ADM Administration rFIN Finance rFi
Douahertv Reoional Fire Authoritv. rDSRl Dublin San Ramon Services
District. rCOl Alameda Countv Deoartment of Environmental Health.
1. PA 91-005 is approved for a truck stop, weigh scale, long term storage
of trucks and ancillary retail space, located at 6310 Houston Place as
generally depicted on the site plan/staff-Study #2 dated March 28,
1991, stamped approved, labeled Exhibit A, and as modified by
Conditions of Approval. [PL]
2. The Applicant and/or Property Owner shall submit a detailed landscape
and irrigation plan for the phase two landscaping as shown by Exhibit
A, Staff-Study #2 Landscape Plan (Option #2) for review and approval
by the Planning Director within 30 days of the effective date of
approval of this Conditional Use Permit. The landscaping plan shall
include the installation of larger wheel stops for truck and trailer
parking. The landscaping and wheel stops shall be installed within 90
days of said approval. [PL]
3. The existing landscaping along the north and west portions of the
property shall be maintained in a viable and well kept manner at all
times. Any proposed changes to the overall site landscape layout,
design or plant type shall be subject to review and approval of the
Planning Director. [PL]
4. The Applicant and/or Property Owner shall submit a parking lot
striping plan for review and approval by the Planning Director. The
striping plan shall show double-striped parking spaces for the
existing six spaces along the west perimeter and the repainting of
arroWS and pavement markings on the site. All striping, arrows a~d
pavement markings on the site shall be repainted in cODpliance wi~h
approved plans, to the satisfaction of the Planning Director within 90
days of the effective date of this Conditional Use PerDit approval.
[PL]
5. The Applicant and/or property Owner shall remove and replace the
failed A.C. pavement section and curb and gutter on Houston Place frOB
the intersection of Douohertv Road to the first drivewav on Houston
Place. An encroachment-permit must be obtained from the Public y;orks
Director prior to repair. [PW]
- 2 -
6. The concrete drainage swales and failed asphalt at several locations
on the property must be replaced or repaired to the satisfaction of
the Public Works Director.. [PW]
7. All activities shall be controlled so as not to create a nuisance to
the existing and/or future businesses on parcels adjoining the subject
property. [ PL ]
8. The Applicant and/or Property Owner shall post sions on the site to
direct truck/trailer traffic onto the property. Said siqns shall be a
maximum of 8 square feet and be at the entrances to the site. [PL, PW]
9. Any new or proposed signs added to the Sl~e shall be subject to review
and approval by the Planning Director prior to installation. [PL]
10. No loudspeakers or outside amplification of music shall be allowed.
[PL]
11. The property shall be maintained in a clean and litter-free condition
at all times. [PL]
12. Trash facilities shall be readily available within the truck parking
area subject to review and approval by the Planning Director. [PL}
13. The building shall be kept in good repair, and if necessary, be
repainted in a color to match the existing building color. [PL}
14. The truck parking area shall be surrounded on the south and east sides
by a solid wall or fencing subject to review and approval by the
Planning Director. This condition may be met by adjacent fencing.
[PL]
15. No outdoor storage of any materials or equipment is allowed except
long term truck storage and items "trailed" on trucks. [PL]
16. The Applicant must c0mply with all requirements of the Alameda County
Department of Environmental Health and Dougherty Regional Fire
Authority relating to the existing underground fuel tank on site. [CO,
F]
17. The Applicant shall provide written documentation to the Planning
Department that the requirements of Alameda county Department of
Environmental Health and Dougherty Regional Fire Authority have been
met. [PL]
18. The Applicant shall bring the site into conformance with the orolect
conditions of aooroval within ninety (90) days from the effective date
of this approvai~ [PL]
19. No modifications to the site shall occur without orior review and
written aooroval of the plannino Director and must comolv with all
applicable zoning, Building Code and Public Works regulations
including issuance of building permits if required. [PL, B, PW}
- 3 -
20. On at least an annual basis, this Conditional Use Permit shall be
subject to zoning Investigator review and determination as to
compliance with the condi~ions of approval. [PL]
21. This permit shall be null and void in the event the approved use
ceases to operate for a continuous one year period. [PL]
22. This permit shall be revocable for cause in accordance with section 8-
90.3 of the Dublin Zoning Ordinance. ,'Any violation of the terms or
conditions of this use permit shall be subject to citation. [PL]
PASSED, APPROVED AND ADOPTED this 1st day of April, 1991.
AYES:
Commissioners Barnes, Burnham, North and Rafanelli
NOES:
None
ABSENT:
commissioner zika
/l!k1i /;//I#[f~/L
Planning Commrssi~n Chairperson
ATTEST:
- 4 -
~. North felt that if the trailer was moved 20 feet to the sout~t
wo ld eliminate the parking concerns. ~.. '
Mr. rath indicated that a periodic review of the parking~onditions
might ~ppropriate. If a parking problem still existed/~the trailer
could be oved. /
Cm. North f ~ that the trailer should be moved at time.
Mr. Tong indi~~d that there were a co~~le of tions; either leave
the trailer where proposed or move it over t he right, towards
Regional street.
The Commission concurred. ~
Cm. Burnham closed ~bliC hear'ng.
On motion from C~North (adding a co dition requiring posting of
parking restri9tl~n~, and modification f Condition #2 to read
"subject to/,eview and approval of the P nning Directorll), seconded
by Cm. Bar ~s, and with a vote of 3-0, the commission adopted
RESOLUTION NO. 91-0
ING PA 90-050 20/20 RECYCLE CENTER CO ITIONAL USE PERMIT TO
OPERATE A REDEMPTION CENTER IN THE PARKIN LOT AREA OF THE
PAYLESS/DUBLIN PLAZA SHOPPING CENTER
AT 7201 REGIONAL STREET
moved around the trailer in a
Mr. Hanrath proposed
single file._,
Cm. Burnham felt that Staf
concerns. He had a concern
e Applicant could work out the
moving the trailer.
- 00.-'.-.
~UBJECT: "PA 91-'-005 American citv Truck stoo Conditional Use Permit to
'\' Y "oDeratean'existino truck stoo. weiqh scale. lono term
storaoe of trucks and ancillarv retail soace located at 6310
Houston Place
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 Applicant had concerns with the landscaping
requirements. Staff recommended approval of the Conditional Use
Permit as shown on the draft resolution of approval.
Mr. Fred Houston, Applicant, felt that the landscaping issue had bee~
resolved a long time ago. He submitted pictures to the Commission and
indicated that the south/southeast side of the site was where Staff
was requiring the additional landscaping.
Mr. Houston indicated that he had come before the Commission three
years ago requesting a renewal of his Conditional Use Permit. Since
that time, there had been several planners working on his project.
---------------------------------------------------------------------
Regular Meeting
(3-18min]
PCM-1991-40
March 18, 1991
ATTACHMEtJT l--
Mr. Houston indicated that trucks block the area where Staff was
requiring the landscaping. You would not be able to see the
landscaping because of the trucks. He felt that it was a waste of
money to add the landscaping.
Mr. Houston indicated that he had submitted plans to the Planning
staff years ago and showed this particular plan to the Commission. Ee
reviewed this site plan with the Commission and indicated that he has
been complying with the previous conditions of approval. He felt that
the site plan had been approved by the Planning staff.
Cm. Barnes requested that approval of the application be continued to
the next meeting. She remembered the last approval for this site anc
thought that the Commission had requested the landscaping to be put
in.
Mr. Houston and Cm. North discussed the financial cost to the
Applicant if the application was delayed for two weeks.
Mr. Houston felt that the landscaping was not needed. He indicated
there was also a drainage problem at the area where Staff was
requiring the landscaping.
Mr. Kachadourian clarified to the Commission that the plans being
referred to were approved for Phase I of the project only. Exhibit ~
attached to the Staff Report (page 5) shows both Phase I and II. On
this plan it indicates modifications by the Commission in 1986 as
shown on Resolution #86-004, Condition ~12 (page 12).
Mr. Houston reiterated that the plan he showed to the Co~~ission was
the previously approved plan.
Ms. O'Halloran clarified to the Commission that there was a letter
attached to the plan from Kevin Gailey, the senior planner at the
time, indicating that the approval was for Phase I only.
Mr. Houston indicated that the approval had been made for a vacant
lot. There had been no consideration for the building that was to te
constructed. He reiterated that the drainage concern needed to be
resolved and requested that the Public Works Department review the
issue.
Cm. North asked the Applicant if he had informed staff of his
concerns.
Mr. Houston indicated yes. The planning staff took a long time to
respond.
Ms. O'Halloran clarified to Cm. North that Staff had not talked to
Kevin Gailey.
Mr. Tong clarified that the letter attached to the plans indicated
that phase I was being approved. It was standard practice for the
planning staff to indicate only portions of the project that were
being approved. Phase II was not approved.
---------------------------------------------------------------------
Regular Meeting
[3-18min]
PCM-1991-41
March 18, 1991
Cm. Barnes was under the impression that Phase II would have had to
come back to the Commission for approval if the landscaping
requirement was eliminated or otherwise significantly different from
what the Planning Commission approved. She asked Staff if this was
correct.
Ms. O'Halloran indicated that the item w.ould either have gone back to
the Commission or a waiver of the condition of approval would have
been required. There had 'been no Site Development Review waiver
request or approvals for this site. She clarified that a new
Conditional Use Permit for the project was now being considered by
the commission. Staff was recommending that the landscaping be
approved.
Cm. North indicated that the last approval for the project was in
1986. He asked if Staff had notified the Applicant that there were
any problems with the site.
Mr. Kachadourian indicated that Laura Hoffmeisterr a previous planne~,
had notified the Applicant by letter in 1989. Letters were sent on
January 10, 1989 and June 23, 1989 indicating that the Applicant was
not in compliance with the conditions of approval for his project.
Mr. Tong recognized the confusion. He indicated that despite what was
previously approved for this project, the Commission was now reviewing
a new Conditional Use Permit with new conditions of approval. What
had happened in the past was now irrelevant. The Applicant was
requesting approval to operate a truck 'stop. Staff was recommending
approval of the proposed use with the conditions of approval attached
to the staff report.
Cm. North asked Staff if the Commission could approve the projectr
subject to landscaping requirements being determined at a later date.
Mr. Tong indicated that this might cause potential controversy and was
not recommended. The conditions of approval should be made very
clear.
Cm. Barnes opposed approval of the project and requested continuance
of the item.
Cm. Burnham asked if the Exhibit A site plan was a brand new plan anc
asked for clarification on what was before the Commission for
approval.
Mr. Tong referred to Exhibit A and indicated that Condition #2 was
requesting two phases for the landscaping. This allowed the Applicant
more time to comply with the condition.
Ms. a'Halloran indicated that phase I already existed and maintenance
of that area was still required. Condition #2 was approving Phase II.
The draft resolution shown as Exhibit B has not been approved;
however, staff was recommending its approval.
---------------------------------------------------------------------
PCM-199l-42
March 18, 1991
Regular Meeting
[3-18min]
Mr. Houston indicated that he had a concern with Condition #4 which
required the resubmittal of a parking plan with double line striping.
He indicated that the stalls were designed for truck parking and were
11 feet wide. He would, however, repaint the existing lines. He
asked Staff why double striping was required.
Ms. O'Halloran indicated that each parking space should be the same
width and the lines helped guide people ,when parking their cars.
Cm. North asked if these parking stalls were for trucks or cars.
Mr. Tong indicated these parking spaces were designed for cars. There
was no need for them to be 11 feet wide. The standard stall for cars
was 9 feet.
Mr. Houston felt there was no need for double line striping.
Cm. Barnes requested continuance of the item and asked that the
Commission go out to the site and take a look at the landscaping.
Mr. Tong indicated that it would be appropriate to leave the public
hearing open and continue the item to the next meeting.
The Commission set up a field trip to the site for March 28, 1991, at
10:OO a.m. and continued the item to the April I, 1991 Planning
Commission meeting.
---
UNFINISHED BUSINESS
//
::~E:ong indic ed that'Staff had received - ~ciation card from
Ms. Okun and dist 'buted it to the commi~~~~Lt
Mr. Tong reminded the mmission th~e Planning Commissioners
Institute was on March throu>>r(22nd. Everyone would be meeting
in front of the Civic Cente ~7:45 a.m. on March 20th.
PLANNING COMMISSIONERS' CONC~RN~~
<,/ '"
Cm. Barnes asked Hhat ,,x...ype of approval, were needed for book stores
that were within a }arge department stor such as Target.
$"
Mr. Tong indicat,e'd that Staff \.lQuld consider he entire proj ect.
Target Hould b~ considered a department store ~ cause the selling of
books Has n~ their major product. For instanc~ou could compare
Liquor ~~n with Lucky when selling liquor. ~~
Cm. Barnes indicated that the newspaper bins at the Lu?k~and
Al~tson centers Here very sloppy. ~,
~~. Tong indicated Staff would inspect the site. ~~
---------------------------------------------------------------------
Regular Meeting
[3-18min]
PCM-1991-43
March 18, 1991
Reqular Meetinq - April 1, 1991
A regular meeting of the city of Dublin Planning Commission was held
on April 1, 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, North and Rafanelli; Laurence
L. Tong, Planning Director; Maureen O'Halloran, Senior Planner; Ralph
Kachadourian, Assistant Planner; and Gail Adams, Planning Secretary
Absent: Commissioner Zika
* * * *
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 March 18, 1991 were approved.
ORAL COMMUNICATIONS
None
WRITTEN COMMUNICATIONS
None
PUBLIC HEARINGS
~ SUBJECT:
PA 91-005 American City Truck Stop Conditional Use Permit to
o erate an existina truck stoo,. wei h scale, Ion term
storaqe of trucks and ancillary retail space located at 6310
Houston Place (continued from the March 18, 1991 Plannina
commission Meetinq)
Cm. Burnham asked for the staff report.
Mr. Ralph Kachadourian presented the staff report to the Commission.
He described the landscaping options Staff was recommending to the
Planning commission on the overhead projector. Staff recommended
approval of the Conditional Use Permit as shown on the draft
resolution of approval attached as Exhibit B of the staff report.
---------------------------------------------------------------------
Regular Meeting
[4-1min]
PCM-1991-45
April 1, 1991
Cm. North asked for clarification on Staff's recommended concrete
curbing. Was 10-15 feet required?
Mr. Kachadourian clarified that the curbing was required on the
southeast portion of the property only. The trucks will be backing up
against these wheel stops. The trailer will have an overhang and the
curbing prevents the trailer from hitting the fence.
Mr. Tong indicated that he had met with Mr Houston that afternoon. Ee
had discussed and clarified the various issues of the application.
Staff and Applicant were still in disagreement regarding the
landscaping and paving repair issues (See Condition #2 and #5). staff
had visited-the site and took pictures of the broken gutters and
pavement. staff has determined that the gutter and pavement repair
was necessary and was the Applicant's responsibility.
Cm. North asked for clarification on the double striping of the
parking stalls.
Mr. Kachadourian referred to the stalls using the overhead projection
and indicated that the long-term parking stalls were 11 feet wide and
required single striping. The auto parking stalls required double
striping.
Cm. Barnes referred to option #2 of the landscaping plan. She
requested that curb stops be installed.
Mr. Kachadourian indicated that language requiring wheel stops could
be added to Condition #2.
Mr. Houston indicated that in addition to the field trip last
Thursday, he had met with Mr. Tong this afternoon to go over some of
the issues.
Mr. Houston indicated that he had no problems with Condition No.4 and
would add the required striping.
Mr. Houston felt that the landscaping required in Condition #2 was
inappropriate and he could not understand what the benefit would be.
He felt that the landscaping plan had been approved five years ago and
,additional landscaping was not needed. He requested that the
commission stick with the original landscaping plan.
Mr. Houston referred to Condition #5 and indicated that the damage to
the street could have been caused by many factors. He felt that the
repairs needed for the gutters, sidewalks, and streets were the City's
responsibility and should have been taken care of a long time ago. Ee
would, however, fix everything on his property.
Mr. Houston referred to Condition #6. He indicated that when the
repaired the asphalt it caused several different levels to occur.
was the City's responsibility to fix this problem. He reiterated
he would only fix what was on his property.
City
It
that
---------------------------------------------------------------------
PCM-1991-46
April 1, 1991
Regular Meeting
[4-1min]
Mr. Houston indicated that he had no problems with Conditions #7
through #12.
Mr. Houston referred to Condition #13 and indicated that he would
paint the weigh station. The building did not need to be painted.
Mr. Houston asked for clarification on Condition No. 14 and 15.
Mr. Tong referred to Condition #14 and indicated that a solid wall or
fencing surrounding the property was required by City ordinance.
However, if the Borchers Bros. I fence remained, this would satisfy the
condition of approval. The Applicant could remove his fencing if the
other fence remained.
Mr. Houston indicated he had no problem with Condition #14.
Mr. Tong referred to Condition #15 and indicated that the condition
was self-explanatory. No outdoor storage of material or equipment was
allowed, except for long-term truck storage.
Mr. Houston indicated that the other property owners surrounding his
site have outdoor storage.
Mr. Tong indicated that if the Applicant wanted outdoor storage, he
would need to request this in his application. The other property
owners have use permits allowing outdoor storage.
Mr. Houston indicated that he had no concerns with Conditions #16
through #22. He reiterated that he had concerns with the requirement
to add landscaping and the repairing of City property.
Cm. Burnham asked for clarification on the street repair.
Mr. Tong indicated that the condition of approval was appropriate. It
was Staff's position that the damage was caused by the truck stop.
Cm. North asked if this was Public Works' opinion as well.
Mr. Tong indicated yes.
The Planning Commission discussed the outdoor storage concern.
Cm. North indicated that it was possible that a truck could be hauling
a boat or an additional vehicle and he hatl no problem with this
situation.
The Commission discussed the possible repair of equipment on the site
and asked the Applicant if this was being done.
Mr. Houston indicated that some restoration of equipment had been done
at the site.
Mr. Tong indicated that outdoor repair of equipment was not allowed.
---------------------------------------------------------------------
PCM-1991-47
April 1, 1991
Regular Meeting
[4-1min]
Cm. North asked if the building needed to be painted with a matching
color scheme.
Mr. Tong indicated that the structures needed to be painted and in
good repair. If touch-up paint or a washing would do the job, this
was allowable.
Cm. Burnham had concern with the repaint.ing requirement.
Mr. Tong indicated that the intent was to have properly maintained
property. If the buildings only needed to be washed, this would be
okay. Condition #13 could be rephrased to emphasize that the buildi~g
needed to be in good repair.
The Commission concurred that Condition #13 should be reworded
requiring that the buildings be repaired up to City standards.
Cm. North referred to the landscaping requirement and asked what
options were available.
Mr. Tong indicated that staff was recommending either Option 1 or 2
shown on Exhibit A. The Commission would need to make a determinaticn
as to which option was preferred.
Cm. Barnes asked if there was a time limit on the Conditional Use
Permit.
Mr. Tong indicated that time limits were not required on Conditional
Use Permits. There would be a yearly review by the Zoning
Investigator which would indicate if the Applicant was meeting the
required conditions of approval.
Cm. Rafanelli indicated that there seemed to be a litter problem on
the site. If the fence-was removed, it would be easier to take care
of the property. He felt that the landscaping did not seem too
practical.
Cm. North felt that Option #1 was not practical. The trucKS would
crush the landscaping and there would be no space to unload the
trucks. He preferred Option #2.
Cm. Barnes preferred option #2. She requested that the fence be
removed. This would aid in keeping the litter down.
The Commission asked for clarification on Condition #5.
Mr. Tong indicated that Staff felt the damage had been caused by the
weight of the trucks entering and exiting the facility. The trucks
would cause the damage to the gutters and asphalt.
Mr. Houston felt that this repair was the City's responsibility. T~e
damage was caused by water undermining.
Cm. Burnham asked if a trash dumpster and landscape lighting was
required.
---------------------------------------------------------------------
PCM-1991-48
April 1, 1991
Regular Meeting
[4-1min]
Mr. Tong indicated yes.
Cm. Burnham indicated his preference for the Option #2 landscaping
requirement. He requested that bigger truck bumpers be installed as
well.
Cm. Burnham closed the public hearing.
Cm. Barnes preferred option #2 with the larger wheel stops being
required as well.
Cm. North preferred option #2 with the deletion of the middle
landscaping strip.
Mr. Tong indicated that corners were not useable space and were easy
to landscape.
Cm. Rafanelli preferred option #2 with bigger wheel stops, and
requested that the fence be removed. He did not feel strongly
middle triangle of landscaping.
....
on l-ne
Cm. Barnes felt that all of the landscaping should be installed as
shown in option #2. She suggested that the fence be removed.
Mr. Tong indicated that Condition #14 would need to be reworded if the
fence was to be removed. He reminded the Commission that if the
adjacent property owner decided to remove his fence, the Applicant
would need to install a new fence to meet the condition of approval.
On motion from Cm. North with the following changes: 1) choosing
option #2 landscaping plan (Condition #2) with the deletion of the
center corner landscapi~g requirement and adding the larger wheel
stops; 2) with modifications to Condition #13 indicating that the
structures shall be kept in good repair, and if necessary, repainted
to City standards; and 3) modifications to Condition #15 clarifying
that items being "trailed" by trucks was allowed), seconded by Cm.
Barnes, the Commission adopted
RESOLUTION NO. 91 - 022
APPROVING PA 91-005 AMERICAN CITY TRUCK STOP CONDITIONAL USE PERHIT TO
OPERATE A TRUCK STOP, WEIGH SCALE, LONG TERM STORAGE OF TRUCKS AND
ANCILLARY RETAIL SPACE AT 6810 HOUSTON PLACE
~w OR UNFINISHED BUSINESS
NO~
OTHER BUSINE~S-----
~,~
.'I---~-----~--
.~
Mr. Tong indicated that fhe-C~~y Council would be reviewing the
Chevron conditional Use Permit/Sit~ Development Review at their next
meeting, however the Applicant has reques~d a continuance of the
appl:SS;aE"'ion. They may also be reviewing con-senLitems regarding the
~an Canyon and Hansen Hill annexations. ---
----------------------------------------------------~-------
Regular Meeting PCM-1991-49 April 1, 1991
[4-lmin]
~ANNING COMMISSIONERS' CONCERNS
cm~s thanked Mr. TOng'for being a terrific host at the Planning
Commissio~ers Institute.
'-.....,,----
Cm. Rafanelli irtdi~ated that he would not be at the next Commission
meeting "-"-,..
.-..--------
Cm. Burnham indicatedth~t~the library site was being overwatered and
since there was a water shortage, this should be looked into.
--
.~.......,
Mr. Tong indicated that he
maintenance crew; however,
system...- '
./
//
l\I310URNMENT
L
There
p.m.
would mentioned the problem to the
the librarY",\ias not on the City's water
"
being no further business, the meeting was
...,-........
'",-
~',
---...
a~ed at
---
8:55
Respectively submLtted, .
fijlkm /&1'IJ~~/
~annlng Commission C~irperson
Laurence L. Tong
Planning Director
---------------------------------------------------------------------
PCM-1991-50
April 1, 1991
Regular Meeting
[4-1min]
. '.
WIA
WINNING ACTION
INVESTMENTS, INC.
RECEIVED
APR 1;) 1991
DUBLIN PLANNIN~
April 15, 1991
City of Dubl in
Planning Department
100 Civic Plaza
Dublin, CA 94568
RE: APPEAL-USE PERMIT
6310 HOUSTON PLACE, DUBLIN
PA91-005 ACTS
Dear Staff:
It is my intention to appeal to the fullest available means
to me, condition 4 of PA91-005 Acts.
The street, curb, gutter belongs to the City, actually it
isn't any where near my property, I believe the City is
responsible of maintaining their property.
Houston Place is a half street and it is impossible to keep
water from seeping under the road. This water has caused the
underfill to weaken the asphalt, curb, gutter to the point it
couldn't stand truck traffic. The trucks and cars that ran over
the road do not belong to me, but to the tax payers of Dublin.
I will be glad to explain all details to the City Council
and Public Works Department.
Sincerely,
...:i:~( /'71o~vJ-~~
FRED L. HOUSTON
ATTACHMENT .3
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