HomeMy WebLinkAbout03-20-1989 PC Agenda CITY OF DUBLIN
Development Services r -- Planning;Zoning 829-4916
P.O. Box 2340 3uilding & Safety 829-0822
Dublin, CA 94568 Engineering/PubIic Works 829-4927
DECLARATION OF POSTING -
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I declare under penalty of perjury that the foregoing Agenda for the
Dublin Planning Commission meeting of OaReir\ , 1961 was posted
at the Dublin Library, 7606 Amador Valley Boulevard, Dublin, California, on
the r I ___ of 'QRO__ir , 19e, by OCR
� p.m.
Executed this / tl- day of FOC , 198 , at Dublin,
California.
Laurence L. Tong
Planning Commission Secretary by
IF 0 66/tct":5
Plan, Secretary
SUBJECT:
Planning Commission
Planning Staff JIfffr if .
PA 89-007 Child's World Daycare CUP
TO:
FROM:
GENERAL INFORMATION:
PROJECT:
Conditional Use Permit request to re-establish a
daycare facility for up to 34 children
APPLICANTjREPRESENTATIVE:
Patrick Hagen
A Child's World
1985 Geary Road
Walnut Creek, CA 94596
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PROPERTY OWNER:
J. B. and Veena Kinhal
6900 Rosewell Road, #P-7
Atlanta, GA 30328
LOCATION:
7890 Oxbow Lane
ASSESSOR PARCEL NUMBER:
941-172-50
PARCEL SIZE:
6600+ square feet
,.,
The Applicant contacted Staff on March 16, 1989 stating that they were
unable to arrange suitable property lease terms for the subject site.
Additionally, they were not able to receive a license by the State Department
of Social Services. These two items have prevented them from continuing with
this application. The Applicant, Patrick Hagen, indicated a formal leter of
withdrawal would be submitted. The Applicant's communications to Staff
desiring a withdrawal occurred after the required legal notice was made. A
written statement has not been received for consideration and acceptance by
the Commission.
Staff recommends this item be continued to its next regular meeting of
April 3, 1989 to allow the Applicant time to submit a written withdrawal.
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ITEM NO.
8./
COPIES TO: Applicant
Owner
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AGENDA
CITY OF DUBLIN
PLANNING COMMISSION
Regular Meeting - Dublin Library Monday - 7:00 p.m.
7606 Amador Valley Blvd., Meeting Room March 20, 1989
1. CALL TO ORDER
2. ROLL CALL
3. PLEDGE OF ALLEGIANCE TO THE FLAG
4. ADDITIONS OR REVISIONS TO THE AGENDA
5. MINUTES OF PREVIOUS MEETING - February 21, 1989
6. ORAL COMMUNICATION - At this time, members of the audience are permitted
to address the Planning Commission on any item which is not on the
Planning Commission agenda. Comments should not exceed 5 minutes. If
any person feels that this is insufficient time to address his or her
concern, that person should arrange with the Planning Director to have
his or her particular concern placed on the agenda for a future meeting.
7. WRITTEN COMMUNICATIONS
8. PUBLIC HEARINGS
8.1 PA 89-007 A Child's World Daycare Conditional Use
Permit Request to Re-establish a Daycare Facility
for up to 34 Children at 7890 Oxbow Lane (to be
continued to the April 3, 1989 Meeting)
8.2 PA 88-076 Agency Rent-A-Car Conditional Use
Permit Request to Operate a Rental Car Business
Office Within an Existing Office/Commercial
Building
9. NEW OR UNFINISHED BUSINESS
10. OTHER BUSINESS
11. PLANNING COMMISSIONERS' CONCERNS
12. ADJOURNMENT
(Over for Procedures Summary)
r1
DUBLIN PLANNING COMMISSION PROCEDURES SUMMARY
WELCOME to the Dublin Planning Commission meeting. The Planning Commission is made
up of five Dublin residents who have volunteered their services to the community. They
were appointed by the Dublin City Council. The Planning Commission encourages and
appreciates participation by Dublin residents. Regular meetings of the Planning
Commission are held on the first and third Mondays of each month in the Dublin Library
Meeting Room, 7606 Amador Valley Boulevard, Dublin.
TIME: Planning Commission meetings begin at 7:00 p.m. No new public hearing item will
begin after 10:30 p.m., and the meetings will be adjourned by 11:00 p.m., except
under unusual circumstances where the Commission votes to hear the item or to extend
the meeting for 30-minute increments.
ITEMS NOT ON THE AGENDA: No action shall be taken on any item not appearing on the
posted agenda unless: 1) the Planning Commission determines by majority vote that an
emergency situation exists, as defined in the Government Code 2) the Planning
Commission determines by a two-thirds vote, or by a unanimous vote if only three
members are present, that the need to take action arose after the agenda was posted;
or 3) the item was included in a posted agenda for a prior meeting held within five
(5) calendar days and was continued to the current meeting.
ORDER OF PRESENTATION: After the Chairperson opens the public hearing on an item, the
order of presentation will be as follows:
1) Summary Presentation by Planning Staff
2) Questions by Planning Commission
3) Comments by Applicant
4) Comments by Others in Favor
5) Comments by Those in Opposition
6) Rebuttal by Applicant if Necessary
7) Additional Comments by Staff as Appropriate
The hearing is then closed and the item turned over to the Commission for discussion
and action. The audience is not permitted to make any further comments unless
invited by the Planning Commission.
PUBLIC COMMENTS UNDER ORAL COMMUNICATIONS: Any citizen desiring to speak on an item not
scheduled on the agenda may do so under Oral Communications at the beginning of the
meeting. After receiving recognition from the Chairperson, please state your name
and address, then proceed with your comments. When an item not on the agenda is
raised by a member of the public, the matter shall be deemed automatically referred
to Staff unless the Planning Commission determines to take action as outlined in the
section above entitled ITEMS NOT ON THE AGENDA.
PUBLIC COMMENTS ON A HEARING ITEM: On a public hearing or other scheduled item, the
Chairperson will ask the audience for its comments, first from those in favor, then
from those in opposition. After receiving recognition from the Chairperson, please
state your name and address, then proceed with your comments.
The Planning Commission wants to hear all citizen concerns. Each new speaker is
asked to be brief, add new information, and not repeat points which previous speakers
have made. The Planning Commission is particularly interested in the specific
reasons why the speaker is for or against an item.
Applause and other demonstrations are prohibited during public hearings. Such
demonstrations tend to intimidate those in the audience who may have valid but
opposing viewpoints.
The Chairperson maintains the discretion to request the use of Speaker Slips and to
limit comments. Anyone who does not want to speak may write comments on the Speaker
Slip and turn it into the Planning Commission while the public hearing is still open.
SMOKING CONTROL: Please do not smoke during the Planning Commission meeting.
ITEM WITHOUT APPLICANT: If the applicant or representative fails to attend the public
hearing concerning their item, the Planning Commission may take action to deny,
continue, or approve the item. The item may be considered for continuance upon
receipt of written notification of the applicant's inability to attend the hearing.
CITY OF DUBLIN
PLANNING COMMISSION
AGENDA STATEMENT/STAFF REPORT
Meeting Date: March 20, 1989
TO: Planning Commission
FROM: Planning Staff
SUBJECT: PA 89-007 Child's'l World Daycare CUP
GENERAL INFORMATION:
PROJECT: Conditional Use Permit request to re-establish a
daycare facility for up to 34 children
APPLICANT/REPRESENTATIVE: Patrick Hagen
A Child's World
1985 Geary Road
Walnut Creek, CA 94596
PROPERTY OWNER: J. B. and Veena Kinhal
6900 Rosewell Road, #P-7
Atlanta, GA 30328
LOCATION: 7890 Oxbow Lane
ASSESSOR PARCEL NUMBER: 941-172-50
PARCEL SIZE: 6600+ square feet
The Applicant contacted Staff on March 16, 1989 stating that they were
unable to arrange suitable property lease terms for the subject site.
Additionally, they were not able to receive a license by the State Department
of Social Services. These two items have prevented them from continuing with
this application. The Applicant, Patrick Hagen, indicated a formal leter of
withdrawal would be submitted. The Applicant's communications to Staff
desiring a withdrawal occurred after the required legal notice was made. A
written statement has not been received for consideration and acceptance by
the Commission.
Staff recommends this item be continued to its next regular meeting of
April 3, 1989 to allow the Applicant time to submit a written withdrawal.
COPIES TO: Applicant
8 ' Owner
ITEM NO. File PA 89-007
CITY OF DUBLIN
PLANNING COMMISSION
AGENDA STATEMENT/STAFF REPORT
Meeting Date: March 20, 1989
TO: Planning Commission
FROM: Planning StaffR3
SUBJECT: PA 88-076 Agency Rent-A-Car Conditional Use
Permit
GENERAL INFORMATION:
PROJECT: Conditional Use Permit request to operate a
rental car business and temporary retail car
storage lot at 7000 Village Parkway
APPLICANT/REPRESENTATIVE: Agency Rent-A-Car, Inc.
7000 Village Parkway
Dublin, CA 94568
PROPERTY OWNER: Pearl Investment Company
7000 Village Parkway, Suite 4
Dublin, CA 94568
LOCATION: 7000 Village Parkway
ASSESSOR PARCEL NUMBER: 941-210-6
PARCEL SIZE: 1.10+ acres
GENERAL PLAN
DESIGNATION: Commercial Industrial/Retail-Office and
Automotive
EXISTING ZONING
AND LAND USE: C-2-B-40/General Commercial District-Combining
District/Office and Commercial Uses
SURROUNDING LAND USE
AND ZONING: North: Various Retail Commercial and Office
Uses/C-2-B-40
South: Various Retail Commercial and Office
Uses/C-2-B-40
East: Various Retail Commercial and Office
Uses/C-2-B-40
West: Interstate 680
ZONING HISTORY:
V-6046: On March 14, 1973, the Alameda County Zoning Administrator
approved a Variance application to allow the construction of 13,920+
square foot office building with a reduced front yard setback (25' where
30' is required) and a reduced sideyard setback (12' where 20' is
required).
COPIES TO: Applicant
Owner
ITEM ND. File PA 88-076
"1
S-471: On April 4, 1973, the Alameda County Planning Director approved
a Site Development review application to allow the construction of a
13,920+ square foot office building with reduced front and side yards.
APPLICABLE REGULATIONS:
Section 8-49.2(g) of the Dublin Zoning Ordinance states that a
automobile storage or rental lot in the C-2 zoning district can be considered
through the Conditional Use Permit process.
Section 8-94.0 states that conditional uses must be analyzed to
determine: 1) whether or not the use is required by the public need; 2)
whether or not the use will be properly related to other land uses,
transportation and service facilities in the vicinity; 3) whether or not the
use will materially affect the health or safety of persons residing or working
in the vicinity; and 4) whether or not the use will be contrary to the
specific intent clauses or peformance standards established for the district
in which it is located.
Section 8-94.4 states the approval of a Conditional Use Permit may be
valid only for a specified term, and may be made contingent upon the
acceptance and observance of specified conditions, including but not limited
to the following matters:
a) substantial conformity to approved plans and drawings;
b) limitations on time of day for the conduct of specified activities;
c) time period within which the approval shall be exercised and the proposed
use brought into existence, failing which, the approval shall lapse and be
void;
d) guarantees as to compliance with the terms of the approval, including the
posting of bond;
e) compliance with requirements of other departments of the City/County
Government.
ENVIRONMENTAL REVIEW: This project has been found to be Categorically
Exempt from CEQA under Section 15303, Class 3(c)
of the California Environmental Quality Act
Guidelines
NOTIFICATION: Public Notice of the March 20, 1989, hearing was published
in The Herald, mailed to adjacent property owners, and posted in public
buildings.
BACKGROUND:
This Conditional Use Permit application is a result of the Zoning
Investigator identifying the operation of a rental car business and car
storage lot at 7000 Village Parkway. The Zoning Investigator asked the
manager of this business to apply for a Conditional Use Permit for
consideration to continue operating here. The Zoning Investigator issued one
violation notice to the business before Agency Rent-A-Car finally applied for
the Conditional Use Permit. The issue is now before the Planning Commission
for consideration.
ANALYSIS:
This application involves a request from Agency Rent-A-Car for a
Conditional Use Permit to operate a rental car business office and temporary
car storage lot at 7000 Village Parkway. The City's Zoning Ordinance requires
Conditional Use Permit approval to operate a rental car lot in the C-2 zoning
district.
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This site presently contains a 13,920+ square foot building originally
built for office uses. At this time, the building houses nine office tenants
(including Agency Rent-A-Car) and one retail/commercial tenant (a beauty
salon/boutique). The site contains 71 parking spaces for use by tenants
occupying this building.
Agency Rent-A-Car presently occupies 550 square feet in this office
building. Business hours are Monday through Thursday, 8 a.m. to 5:30 p.m.,
Friday 8 a.m. - 6 p.m. and Saturday 9 a.m. - 12 p.m. Activities associated
with the business include: administrative and management duties typical of a
rental car business; telemarketing; drawing up rental agreements; interfacing
with customers; and temporary storage of rental cars.
With respect to the temporary storage of rental cars, Agency Rent-A-Car
Staff says their operation usually runs as follows:
1. During the course of the business day during the week (Monday
through Friday) there can be as many as five rental cars parked on
the site at any time. However, this is an extreme situation. In
most cases, the cars are rented out and on the road, usually
leaving no more than two vehicles on the site during business
hours.
2. Generally on week nights there are no more than three cars stored
on the site. Normally, this is just overnight. The cars are
usually rented out and off the site by the next morning.
3. During the weekend (Friday night after the close of business to
Monday morning up to approximately 11 a.m.) it is possible for as
many as ten cars to be stored on the site. These cars are usually
back on the road by 11 a.m. Monday morning.
Agency Rent-A-Car Staff has indicated that it is there intent to rent
out all of their cars as quickly and efficiently as possible. It is business
policy to move the cars to another office where they can be rented, in the
event of a slow down of business in Dublin.
Parking
The 13,920+ square foot building requires the following number of on-site
parking spaces:
Use Square Footage Parking Ratio Required Spaces
Office (excludes 12,140 sq.ft. 1 space/250 sq. ft. 48.56
beauty salon and of floor area
American Speedy)
Retail/Commercial 1,780 sq.ft. 1 space/300 sq. ft.
(includes beauty of floor area 5.93
salon and American
Speedy)
TOTAL PARKING SPACES REQUIRED: 54.49
Based upon the fact that there are 71 parking spaces on the site, with a
total site requirement of 54 spaces, there is an excess of 17 parking spaces
available. This is more than adequate to allow the approval of Agency Rent-
A-Car's operation on this site as it presently exists.
Staff has visited the site on four separate occasions to observe the
parking situation. The following results indicate that parking does not
appear to create a problem on the site even with Agency Rent-A-Car's business
in operation here.
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Date/Time Parking Spaces Occupied On-Site
3/13/89 at 9:15 a.m. 24
3/14/89 at 1:00 p.m. 23
3/14/89 at 5:30 p.m. 18
3/15/89 at 4:00 p.m. 22
It should be noted that although Staff did not notice any parking
problems on the site during these times, the property owner representative
(Ken Begun of Pearl Investment Company) did indicate at previous Planning
Commission and City Council meetings (during the review of the Hucke Sign
Program appeal) that he was concerned with customers from the Hucke properties
(next door to the north) using parking spaces at 7000 Village Parkway.
Given that this proposal is consistent with the requirements of the
Dublin General Plan and Zoning Ordinance and has been reviewed by other City
departments without any indication of problems, Staff recommends that the
Conditional Use Permit request for PA 88-076 be approved subject to the
Conditions of Approval in the draft resolution shown as Exhibit A of this
Staff Report.
RECOMMENDATION:
FORMAT: 1) Open public hearing and hear Staff presentation.
2) Take testimony from Applicant and the public.
3) Question Staff, Applicant and the public.
4) Close public hearing and deliberate.
5) Adopt Resolution approving PA 88-076, or give Staff and
Applicant direction and continue the matter.
ACTION: Staff recommends that the Planning Commission adopt the attached
Resolution approving the Conditional Use Permit for Agency Rent-
A-Car, PA 88-076
ATTACHMENTS:
Exhibit A: Draft Resolution approving PA 88-076
Background Attachments:
Attachment 1: Applicant's Written Statement
Attachment 2: Site Plan
Attachment 3: Floor Plan
Attachment 4: Location/Zoning Map
Attachment 5: Photographs
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RESOLUTION NO. 89 -
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
APPROVING PA 88-072 AGENCY RENT-A-CAR CONDITIONAL USE PERMIT
REQUEST TO OPERATE A RENTAL CAR BUSINESS AND
TEMPORARY RENTAL CAR STORAGE LOT AT 7000 VILLAGE PARKWAY
WHEREAS, Agency Rent-A-Car filed an application for a Conditional Use
Permit (PA 88-076) to operate a rental car business and temporary rental car
storage lot at 7000 Village Parkway; and
WHEREAS, Section 8-49.2(g) (Conditional Uses: C-2 District) of the City
Zoning Ordinance states that an automobile storage or rental lots are permitted
subject to approval of a Conditional Use Permit; and
WHEREAS, this application has been reviewed in accordance with the
provisions of the California Environmental Quality Act and has been found to be
Categorically Exempt; and
WHEREAS, a notice of public hearing was published in the Herald, posted
in public buildings, and mailed to property owners within 300 feet of the
project in accordance with California State Law; and
WHEREAS, a Staff analysis was submitted recommending conditional approval
of the application; and
WHEREAS, the Planning Commission held a public hearing on March 20, 1989
to consider all reports, recommendations and testimony.
NOW, THEREFORE BE IT RESOLVED THAT THE Dublin Planning Commission does
hereby find that:
a) The use is required to serve a public need in that it provides a
car rental service to the community.
b) The use will be properly related to other land uses and
transportation and service facilities in the vicinity in that daytime
activities will be commensurate with present use of properties in the
neighborhood.
c) The use, under all circumstances and conditions of this particular
case, will not materially affect adversely 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, in that
all applicable regulations will be met.
d) The use will not be contrary to the specific intent clauses or
performacne standards established for the district in which it is to be located
in that the car rental business is an office use which is consistent with the
character of the commercial district.
BE IT FURTHER RESOLVED THAT THE Planning Commission does hereby
conditionally approve PA 88-076 subjected to the following conditions contained
in this resolution:
1) Agency Rent-A-Car's approval is for the operation of a rental car
business and temporary rental car storage lot at 7000 Village Parkway. The
activities associated with the business will be limited to the following:
a. rental car office operations including administrative and
management duties, telemarketing, and customer interface;
b. rental car pick up and delivery; and
c. temporary storage of rental cars in the parking lot at 7000
Village Parkway.
1 X111B11A ��
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2) Agency Rent-A-Car's occupancy shall be limited to the 550 Square
foot tenant space which they now occupy at 7000 Village Parkway. Any expansion
beyond this must be considered by the Planning Department prior to the
expansion taking place.
3) Temporary storage and parking of Agency Rent-A-Car vehicles shall
be limited to a maximum of ten (10) cars on the site at any one time.
4) Agency Rent-A-Car vehicles shall be stored overnight on a temporary
basis only.
5) Agency Rent-A-Car vehicles shall be parked in the rear western
portion of the site in order to maintain the remainder of the parking spaces
available to other tenants and customers on this site.
6) This permit shall expire on March 29, 1990. The approval period
may be extended two (2) additional years (the Applicant must submit a written
request for an extension prior to the expiration date of the Conditional Use
Permit) by the Planning Director upon the Director's determination that the
Conditions of Approval remain adequate to assure that the stated findings will
continue to be met.
7) This permit shall be revocable for cause in accordance with Section
8-90.3 of the Dublin Zoning Ordinance
PASSED, APPROVED AND ADOPTED this 20th day of March, 1989.
AYES:
NOES:
ABSENT:
Planning Commission Chairperson
ATTEST:
Planning Director
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AGENCY RENT A-CAR
Rod Barger
Development Services
PO Box 2340
Dublin CA 94568
Mr Barger;
The following is an explanation of the type of business Agency Rent
A Car wishes to operate at 7000 Village pkwy Suite J-1 ;
The office would be open Monday through Thursday from 8am-5:30pm.
The office will be open on Friday from 8am - 6pm, and Saturday
from 9am - 12pm. The activities taking place in the office will
consist of telemarketing, the signing of rental agreements for
people coming into the office , and the dispatching of deliveries .
Due to the market our company targets , a small number of cars are
on the lot at any one time . Historically, there are fewer than
five cars on the lot through the course of the day. This is due
to the fact that our company will deliver cars to people in need;
therefore , at the conclusion of a rental the car does not automatically
return to the office . On the weekend it is possible for as many as
ten cars to be parked on the lot . These cars are normally rented
and back on the road by llam Monday morning. Cars that are stored
on site are normally stored overnight only. In the event that the
office should not be able to rent out its cars , it is the owner ' s
policy to move the cars to an office where they will be rented:
this prevents a large number of cars sitting around indefinitely
detracting from the sites , and the cities beauty.
•
RECEIMED
AN 9 1989
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