HomeMy WebLinkAboutItem 9.4 PA 91-067 Ordinance Amendment ManagementCITY OF DUBLIN
PLANNING COMMISSION
SUPPLEMENTARY AGENDA STATEMENT/STAFF REPORT
Meeting Date: November 4, 1991
TO: Planning Commission;
FROM: Planning Staff
PREPARED BY: Maureen O'Halloran, Senior Planner
SUBJECT: PA 91-067 Ordinance
Audit
EXHIBITS ATTACHED: Exhibit A:
RECOMMENDATION:
DESCRIPTION:
Amendment Management
Draft Ordinance (Refer to
9/16/91 Staff Report)
Attachment 1: Standard Requirements
Christmas tree lots (Refer to
9/16/91 Staff Report)
Attachment 2: Standard Requirements 30-day
Promotional Signage (Refer to
9/16/91 Staff Report)
Attachment 3: Minutes from the September 7,
1989 and September 17, 1989
City Council meetings.
Attachment 4: List of Conditional Uses
approved by Zoning
Administrator
Attachment 5: List of Administrative
Conditional Uses approved by
Zoning Clearance.
1) Hear Staff presentation
2) Question Staff
3) Provide input
4) Give Staff direction concerning the
content of the Draft Ordinance
This item was continued from the September 16, 1991, Planning
Commission meeting in which it was the consensus of the
Commission that additional time was needed to adequately review
and discuss the proposed Ordinance Amendment.
As discussed in the September 16, 1991, Staff Report, the Draft
Ordinance Amendments are in response to the Management Audit
prepared in July, 1989 (please refer to the September 16, 1991,
Staff Report for summary of Ordinance -related Management Audit
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items and refer to the Management Audit for specific details) and
in response to City Council direction received during the
September 7, 1989, and September 17, 1989, City Council meetings
held jointly with the Planning Commission and Staff (see Minutes
Attachment 3).
At the September 7, 1989, City Council meeting, three of the
Council -directed items relate to Ordinance Amendments:
1) provide examples of Conditional Uses which could be
approved by the Zoning Administrator,
2) provide a list of Administrative Conditional Use Permit
type uses (this was in reference to the Management
Audit recommendation regarding "over the counter" staff
approval) which could be approved through a Zoning
Clearance process, and
3) provide Specific Conditions or Standard Criteria for
Zoning Clearance items.
The Draft Ordinance Amendment lists Conditional Uses which could
be approved by the Zoning Administrator, and establishes a Zoning
Clearance procedure and identifies uses subject to Zoning
Clearance. Attachments #1 and #2 of the September 16, 1991,
Staff Report provide examples of Specific Conditions/Standard
Criteria for Zoning Clearance items. Staff has prepared two
lists to more clearly identify: 1) the uses included in the
Draft Ordinance Amendment which the Zoning Administrator could
approve (see Attachment #4), and 2) the uses which could be
subject to Zoning Clearance (see Attachment #5).
At the September 17, 1989, Council meeting, the Ordinance -related
Council direction included:
1) the City Council's concurrence with the Management
Audit to allow Staff to approve parcel maps, and
2) give Staff authority to act on minor amendments to
Planning Applications.
Section 2, Page 2 of the Draft Ordinance Amendment authorizes the
Planning Director to approve or disapprove parcel maps. The
Draft Ordinance Amendment establishes provisions for the Zoning
Administrator to approve minor expansions of existing approved
Conditional Use Permits in the C-1, C-2 and M-1 districts and
establishes procedures for the Planning Director to waive the
requirements for Site Development Review on minor projects.
Staff recommends that the Planning Commission provide Staff
direction concerning the Draft Management Audit related Ordinance
Amendment and continue to a future Planning Commission meeting.
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ADJOURNED REGULAR MEETING - September 7, 1989
An Adjourned Regular Meeting of the City Council of the City of Dublin was
held on Thursday, September 7, 1989 in the West Room of the Shannon
Community Center. The meeting was called to order at 6:25 p.m., by Mayor
Paul Moffatt.
ROLL CALL
PRESENT: Councilmembers Hegarty, Jeffery, Snyder, Vonheeder and Mayor
Moffatt. Planning Commissioners Barnes, Burnham, Mack, Okun and Zika.
City Manager Ambrose advised that the purpose of this meeting was to
discuss the recent Management Audit conducted by the firm of Hughes, Heiss
& Associates.
Facilitator Arlene Willits reviewed the workshop format and asked for ideas
related to adjournment time. It was the consensus of the Council and the
Planning Commission that the meeting would go no later than 11:00 p.m.,
with everyone striving to complete the necessary discussion by 10:00 p.m.
It was agreed that if the items on the agenda were not completed at this
meeting, that they would be carried over to the Team Building Workshop to
be held on Sunday, September 17th at the Wente Brothers Conference Center.
A set of handouts showing existing planning jurisdiction and existing
application processing was distributed.
Planning Director Tong reviewed the existing Planning Application process
from the perspective of participation, responsibility and decision making
authority of Staff, the Zoning Administrator, Planning Commission and City
Council.
Consultant Gary Goletz, representing the firm of Hughes, Heiss &
Associates, reviewed the existing conditions related to the Planning
process at the time that the Management Audit commenced. Consultant Goletz
then presented his executive overview of the Management Audit
recommendations.
A second set of handouts showing the policy recommendations was
distributed.
Planning Director Tong and City Manager Ambrose presented the policy
recommendations of the Management Audit related to the processing of
administrative conditional use permits and conditional use permits.
Staff also discussed the quick check process as it related to Planning
applications.
There was a consensus of those present that the fee waiver process should
not be changed. Staff indicated that the review of applications for basic
document requirements under the quick check process would not indicate that
the application was legally complete. A discussion ensued as to what was a
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Adjourned Regular Meeting
September 7, 1989
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complete application. The Council indicated that if an applicant must be
advised that application has been accepted and not approved, the signature
of both the applicant and staff person handling the application should be
required.
Notification procedures regarding administrative conditional use permits
and conditional use permits were discussed. Staff indicated that the
required legal notification goes to the property owner. The City Council
and Planning Commission noted that the lack of tenant notification was of
potential concern. Staff was directed to provide examples of conditional
use permits which could be approved by the Zoning Administrator (Items A, B
& C on Page 3 of the second handout) at a future meeting. It was requested
that Staff provide approximately 5 to 10 examples for each alternative.
The Council indicated that dance floors should not be approved by the
Zoning Administrator as a conditional use.
Discussion ensued regarding the issue of renewing existing conditional use
permits and the need to modify or adapt conditional use permits to changing
conditions in the community, the desirability of having certain conditions
as part of the conditional use permit be subject to review on an ongoing
basis.
The following direction was provided to Staff: 1) Staff was to provide a
list of uses under the administrative conditional use permit, as well as
specific conditions including standard criteria. 2) Maintain a running log
of applications approved by Staff over the counter through Zoning
clearance. 3) Monitor administrative conditional use permit compliance.
4) Provide examples of conditional use permits. 5) Conditional use permits
should be open-ended and not have an expiration date. Staff should
maintain a suspense file regarding these conditional use permits.
ADJOURNMENT
The meeting was adjourned at 11:06 p.m.
ATTEST:
Mayor
City Clerk
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ADJOURNED REGULAR MEETING - September 17, 1989
An adjourned regular meeting of the City Council of the City of Dublin
was held on Sunday, September 17, 1989, at the Wente Brothers Conference
Center in Livermore. The meeting was called to order at 9:00 a.m., by
Mayor Paul Moffatt.
* n
ROLL CALL
PRESENT: Councilmembers Hegarty, Jeffery, Snyder, Vonheeder and Mayor
Moffatt.
Planning Commissioners Barnes, Burnham, Mack, Okun and Zika.
Consultant Arlene Willits provided a recap of the action by the City
Council at the September 7, 1989, Management Audit Meeting.
Consultant Gary Goletz and Planning Director Larry Tong discussed the
policy recommendations of the Management Audit as they related to
processing planning applications The Planning Director indicated that
the Planning Department generally reviews the following items during the
site development review process:
1) Handicapped accessibility
2) Lighting
3) Topography
4) Traffic
5) Solar Energy
6) Landscaping
7) Signing
8) Three-dimensional analysis of architecture
9) Architectural details
The Planning Director further indicated that those items that were
generally not reviewed at the site development review state that were
subsequently reviewed during the building permit processing were the
following:
1) Detailed parking lot signage and striping
2) Detailed planting plans
3) Detailed irrigation plans
4) Detailed construction plans
5) Detailed grading, erosion control and drainage plans
6) Building security details
The City Council directed Staff to develop guidelines for site
development review for City Council consideration and approval.
With respect to the Planning Department's present policy to route all
site development review applications to the various Departments and
agencies within the City, the City Council indicated that it might be
okay to not route site development reviews for small additions or
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Adjourned Regular Meeting September 17, 1989
alterations to all departments. However, the Council indicated that it
would like Staff to develop a set of criteria as to when small additions
or alterations subject to site development review would or would not be
routed out to other agencies and City Departments. Staff was directed
to develop this criteria and present it to the City Council at a future
meeting. It was agreed that these criteria should be included in the
site development review guidelines. It was suggested that Staff consider
a planting list as part of the guidelines. The Council agreed that the
City should state very clearly what is to be reviewed when.
The City Council concurred that it was acceptable to utilize a design
review consultant to assist with criteria and site development review for
projects on an as -needed basis. The cost for the consulting services
should be passed on to the applicant. Staff should develop a pool of
possible consultants.
Consultant Goletz and Planning Director Larry Tong discussed those policy
recommendations of the Management Audit which related to parcel map
applications. The City Council concurred that approval of parcel maps
could be delegated to Staff. However, the council requested that any
actions regarding parcel map approval be included in a log which identi-
fies Staff's actions on various projects.
Consultant Goletz and Planning Director Tong discussed the policy issues
related to the Management Audit recommendation regarding minor amendment
to planning applications. The Council concurred that Staff should have
the authority to act on minor amendments. However, Staff must be sensi-
tive to the Planning Commission and City Council in taking actions on
minor amendments to planning applications. Approval of minor amendments
by Staff should also be added to the log of planning actions.
Consultant Goletz and the City Manager reviewed the policy recommenda-
tions of the Management Audit related to cost recovery. The Council
agreed that residents who are owner/occupants of property should be given
a lower fee on planning application fees. Council agreed that a flat fee
should be charged to residents who are owner/occupants of property as
opposed to the actual cost.
The City Council concurred that the non-owner/occupant should pay the
full actual cost on the processing of variance and conditional use
permits.
With respect to filing appeals on planning applications, it was agreed
that the fee for appeal should be charged; for example, a $50 appeal fee
to the Planning Commission and a $25 appeal fee to the City Council.
The City Council discussed the cost of the building permit surcharge to
cover Planning Department review of building permits. The City Council
concurred with a surcharge.
The City Council considered the overhead charges of the City and asked
Staff to re-evaluate and bring back a suggested change to the overhead
charges.
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September 17, 1989
Adjourned Regular Meeting
The City Council indicated that it would be appropriate to increase the
standard deposits for planning applications.
The City Council also directed Staff to prepare a revised fee resolution
for City Council consideration at a future meeting.
Facilitator Arlene Willits recapped the decisions made by the City
Council regarding the Management Audit recommendations.
The City Council and Planning Commission recessed for lunch at 12:00
noon.
The City Council and Planning Commission resumed their discussions
regarding the Team Building Workshop portion of the agenda.
Consultant Willits initiated an exercise for the Staff, Planning
Commission and City Council to discuss expectations of each group. As a
result of that workshop discussion, the following expectations were
developed.
Planning Commission's comments on roles and expectations for Staff:
1. Provide complete information
2. Provide agenda packets to the Planning Commission earlier when items
involving environmental impact reports or major developments are to
be considered on an agenda
3. Provide quality information
4. Do not use Xerox photos in the agenda packets
5. Use video presentations or actual photographs at meetings where
appropriate
6. Use letter size paper for reports
7. Do not reduce type on reports when possible
8. Provide history and analysis on important projects
9. Have all information available at the Commission hearings
10. Avoid use of acronyms and use terms which are easily understood by
the public
11. Before citations are issued on zoning violations, more preliminary
studies should be done
12. Consider weekend enforcement of violations
13. Provide consistent information
14. Include the Planning Commission's rationale for votes in the
Commission's minutes.
The Planning Commission had the following comments regarding its
expectation of the Commission:
1 Commissioners should do their homework and ask necessary questions
2. Be in tune with the public opinion
3. Know what is expected from the Commission by the City Council
4. Be aware or cognizant of City policies
5. Know the reasons for the City Council reversing Planning Commission
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7. Make certain that all sides are heard on issues considered by the
Commission
8. Attend as many meetings as possible, including field trips and City
functions (be fully committed)
9. Deal openly with one another
10. Communicate Commission's rationale for its recommendations
The Planning Commission had the following comments regarding its
expectations of the City Council:
1. More communication is needed between the City Council and Planning
Commission
2. The City Council should communicate its decision -making rationale
3. The Council should understand the rationale for the Planning
Commission's recommendations.
4. The Commission would like to know the City Council's goals and
objectives for the new areas of Dublin which are under general plan
study
5. The City Council should be more sensitive and aware of citizen's
concerns and input
6. The City Council should be more consistent in its decision -making
7. More information should be provided to the citizens via City
newsletter and public media
A discussion ensued regarding the comments by the Planning Commission.
As a result of that discussion, the City Council directed Staff to:
1) schedule a presentation by the City's Traffic Engineer on the big
picture for transportation issues in the City at some future date;
2) develop some concepts .for a future dinner meeting between the Planning
Commission and the City Council to discuss the future vision and quality
of life issues for the City; 3) identify those areas that had not been
resolved for further discussion at a future meeting.
The Council indicated that individual members of the Commission and
Council should work at improving their working relationship.
The Staff identified those comments regarding their expections for Staff:
1. To present options to the Planning Commission and City Counci
regarding policy issues
2. To facilitate growth and development through existing policies,
ordinances, etc., adopted by City Council
3. To provide clear, concise and thorough information, analysis and
presentations to the Planning Commission and City Council regarding
planning issues
4. To interpret Council policy and ordinances
5. To disseminate information, resources and services to the public
Staff had the following comments regarding its expectations of the
Planning Commission:
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Adjourned Regular Meeting September 17, 1989
1. The Commission should interpret Council policy regarding specific
situations
2. The Commission should make policy recommendations regarding land use
planning
3. The Commission should act as a sounding board for Council in order to
sift the issues at hand
4. The Commission should provide clear direction to Staff as to their
interpretation of City Council policy
5. The Commission should express its rationale for decision
6. Commissioners should come prepared to the meeting by doing their
homework
7. The Commission should call Staff with questions before Commission
meetings
8. The Commission should focus on planning issues and not issues that do
not relate to the Planning Commission's role
Staff had the following comments regarding its expectations of the City
Council:
1. The Council should do its homework
2. The Council should be specific and clear in giving its rationale for
decisions
3. Councilmembers should call Staff regarding questions they may have
before the Council meetings
4. The Council should focus on issues
5. The Council should provide a long-term vision for the community
6. Councilmembers should work within the established Council/Manager
system in dealing with Staff
7. The Council should make policy
8. The Council should act as a body and not as individuals
The City Council discussed its expectations for Staff:
1. Staff should assist the City Council in the planning process and
assisting with long-term policy decisions
2. Staff should provide clear, concise information and clearly
identify issues
3. Provide summary sheets for Planning hearings
4. Avoid duplication of material
5. Eliminate some of the Planning Commission agenda information which
is repetitive
6. Provide equal communication to all Councilmembers
7. Project and represent a user-friendly image
8. Provide service with a can -do attitude
9. Do not use "buzz words"
10. Handle the day-to-day business of running the City
11. Be available and return calls
12. Don't be afraid to say, "I don't know"
13. Provide coffee and beverages at meetings
14..Follow up in a timely manner
The City Council had the following expectations for the Planning
Commission:
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Adjourned Regular Meeting September 17. 1989
1. Clarify the issues related to Planning items
2. Follow Council policy
3. Be knowledgeable of the community direction, i.e. goals and needs
4. Distinguish fact from emotion during Commission hearings
5. Conduct meetings in a businesslike manner, stay on the track with
respect to issues and serve as a positive forum for gathering
information
6. Understand the Planning process
7. Be able to participate in a teamwork attitude with City Council and
City Staff
8. Never allow personalities to influence decisions
9. Be prepared, do Commission homework
City Council had the following expectations regarding the City Council
1. Do homework, read reports, and understand issues
2. Giv.e clear guidance
3. Don't let personalities influence decisions
4. Strive for consistency
5. Be a team player, disagree on issues only
6. Keep other members of the Council informed
7. Conduct ourselves publicly to encourage confidence in government
at a local level
8. Act in the public's best interests, balancing personal and public
concerns
9. Always be open to the public
10. Do not individually direct Staff
The Commission and Council discussed the availability of meeting
facilities and file space for Planning Commission members. It was also
agreed that teamwork issues may need further exploration in that the
participants did not have time to complete this item on the agenda.
ADJOURNMENT
There being no further business to come before the Council, the meeting
was adjourned at 4:30 p.m.
ATTEST:
Mayor
City Clerk
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Adjourned Regular Meeting September 17, 1989
OUTLINE: CONDITIONAL USE PERMIT
POLICY RECOMMENDATIONS
I. Amend Zoning Ordinance to allow Zoning Administrator authority
regarding: [Rec. No. 3, pg. 32)
a. CUP's that are exempt from CEQA.
(Example: 20/20 Recycle Center CUP)
b. Operational changes to existing CUP's
(Example: Erik's Delicafe Outdoor Seating CUP)
c. CUP's in existing structures that do not require substantial
remodeling (Example: Jimmy O'Gil's dance floor CUP)
d. Authorize Zoning Administrator to refer potentially high
exposure/impact CUP's to Planning Commission
II. Amend Zoning Ordinance to not require renewal of CUP's
BENEFITS
- Time saved by more flexible Zoning Administrator hearing schedule
- Save Staff time by eliminating the need for CUP renewal
POTENTIAL RISKS
A. The Zoning Administrator might not recognize a potentially high
exposure/impact CUP until late in the process (See I.)
B. When Zoning Administrator misinterprets City policy on a CUP
application, the application will need to be appealed in order for
Planning Commission to consider it. This might result in more appeals
initially, at least until City policy direction is clarified (See I.)
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USES WHICH COULD BE SUBJECT TO ZONING ADMINISTRATOR APPROVAL
C-0 District
1. Pharmacy
2. Restaurant/retail store serving district
3. Directional tract signs and temporary promotional signs
(60 days)
C-N District
1. Drive-in businesses
2. Directional tract signs and temporary promotional signs
(60 days)
C-1 and C-2 Districts
1. Commercial recreation excluding dance floor and theatre
2. Drive-in/drive-through excluding drive-in theatre
3. Outdoor seating/eating restaurant
4. Minor expansion of existing approved Conditional Use Permit
5. Daycare/preschool/nursery school
6. Directional tract, temporary promotional signs (60 days) and
freestanding signs in excess of 20 feet in height
M-1 District
1. Restaurant, retail store serving vicinity
2. Recreation facility excluding dance floor
3. Minor expansion of approved Conditional Use Permit
4. Directional tract sign, temporary promotional signs (60
days) and freestanding sign in excess of 20 feet in height
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USES WHICH COULD BE APPROVED THROUGH ZONING CLEARANCE
1. Christmas tree sales lots or other seasonal sales lot
2. Pumpkin patch
3. Neighborhood/school/church festivals
4. Temporary construction trailers
5. Grand Opening temporary promotional signs
6. Temporary promotional signs (30 days)
7. Temporary off -site sale or lease signs
8. Identification sign
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