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Home My WebLink About01-14-1997 PC MinutesRegular Meeting A regular meeting of the City of Dublin Planning Commission was held on Tuesday, January 14, 1997, in the Dublin Civic Center City Council Chambers. The meeting was called to order at 7:30 p.m. by Vice Chairperson Lockhart. ROLL CALL Present: Commissioners Lockhart, Geist, Johnson and Zika; Eddie Peabody, Community Development Director; Dennis Carrington, Sr. Planner, Gaylene Burkett and Maria Carrasco, Recording Secretaries. Absent: Cm. Jennings PLEDGE OF ALLEGIANCE TO THE FLAG Cm. Lockhart 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 December 10, 1996, meeting were approved, with one correction to the number of years Cm. Zika served, changing two to ten, as submitted. ORAL COMMUNICATIONS Oath of Officers: Kay Keck, City Clerk, gave the Oath of Officers to the three new Commissioners. She informed the new Commissioners of their new duties and responsibilities and handed out forms for them to sign. Election of Officers: Mr. Peabody took over as Chairperson in order to take nominations for Chairperson. Cm. Johnson nominated Cm. Jennings as Chairperson of the Planning Commission. There was a unanimous vote of 4-0. Cm. Fasulkey nominated Cm. Johnson as Vice Chair. There was unanimous vote of 4-0. WRITTEN COMMUNICATIONS None Regular Meeting 1 January 14, 1997 [1-14 pcmi] PUBLIC HEARING None NEW OR UNFINISHED BUSINESS 9.1 Update on the Zoning Ordinance Revision Mr. Carrington gave the new Commissioners a brief review on the Zoning Ordinance Revision. He explained that this was a high priority from the City Council and Staff has been working with a steering committee on different sections of the Zoning Ordinance. He stated that our previous Zoning Ordinance was adopted in 1967 by the County of Alameda. He went over the 11 sections that Staff was directed to update and gave a brief history on each section. Mr. Carrington went into detail on the non-conforming structures and uses. He also addressed Planned Development Zoning Districts and Enforcement. He explained the intent of each item and asked for a straw vote for consensus on each item. Cm. Hughes commented on subsection H on page 2 of the non -conforming structures and uses, he was concerned with the word "shall" being used. He stated that he was concerned with an ordinance being inflexible. He felt it left the City Council or Planning Commission without a way to enforce the issue and the intent the owner has. He agreed with the purpose, but had problems with the word shall. He stated that there needs to be a way of evidencing the intent of the person not to conduct a non-conforming business. Mr. Peabody stated use was easier to enforce than structure. He stated there were many uses without structures. He stated that it was designed specifically that if there was no evidence of business activity, then it would lose its non-conforming status and could not operate it's use at that particular site. Cm. Hughes gave an example of an owner who had a heart attack and was sick for 7 months, under the proposed Ordinance the City could shut the business down. Mr. Peabody stated correct, the objective was to eliminate non-conforming uses. He stated that an option would be to change the period of time. Cm. Hughes felt 6 months was too short a period of time. Mr. Peabody stated they would change it from 6 months to 12 months. There was consensus by the Commission to change the period of time from 6 months to 12 months. Cm. Oravetz asked if there were any businesses in Dublin that were non-conforming. Mr. Carrington stated yes, there were, however, we usually hear about them through a complaint basis. Cm. Johnson stated that they were typically found in home occupations. Regular Meeting 2 January 14, 1997 [1-14 pcmi] Cm. Fasulkey stated that the City Council determines the period of time for amortizations and was there a guideline of that period of time. Mr. Carrington stated he was concerned about a rigid or set time, Staff left it fluid, so Council could look into the circumstances that apply at the time. Staffwould also ask other City's what they do and determine appropriate amortization period. Mr. Peabody stated that Dublin was blessed with out a lot of overly non-conforming uses. Mr. Carrington stated he was close to completing the draft of the Ordinance, which will be brought back to the Planning Commission for their comments. There will be trial and error period in which Staff will probably being coming back to the Planning Commission often during the first year. Mr. Peabody gave the Commission several other hot items that will be discussed at a joint study session with the City Council some time in March. Mr. Carrington went over setbacks with the Planning Commissioners. Cm. Oravetz asked about the maximum height of houses, what was the current height. Mr. Carrington stated it was 25 feet. Cm. Oravetz stated his house was taller than that. Mr. Carrington stated his house was built with a Planned Development, which meant a mini Zoning Ordinance was written for various developments throughout Dublin. He gave an outline for the Planned Development Zoning District. He stated that they were trying to build in flexibility and to allow for phasing. Mr. Peabody stated that the City was working on a Planned Development with Dublin Ranch. He stated that the Planned Development was designed to do was to fix in the ultimate amount of density where the uses are allowed. Mr. Carrington concluded his presentation on Planned Developments and asked if anyone had any questions. Cm. Fasulkey asked what the risk or downside was of a Planned Development. Were there any risks of the developer doing the infrastructure build out and not completing it. Mr. Peabody stated the cost of infrastructure was too great for the developer not to finish. The downside would be for a developer to not like the plan and want to start over. He stated that everyone had that right to make a zone change. He stated that most developers have an idea of the kinds of uses they want. Cm. Fasulkey asked what period of time does a developer have to finish phase 1 and come in with phase 2 plans. Regular Meeting 3 January 14, 1997 [ 1-14 pcmi] Mr. Peabody stated all zoning runs with the land. When a decision has been made as to the appropriate use, it stays that way unless changed by the General Plan or the property owner files a new Planned Development. Cm. Johnson stated that the eastern Dublin area at Hacienda was originally zoned Office Building and Light Industrial and now they have Residential which was not planned. Mr. Peabody stated the City had to rezone the property. Mr. Carrington stated that over time there will be specific plan amendments. He asked if there was a consensus on the non conformity use and for Planned Developments. The Commission stated yes, there was consensus on both items. Mr. Carrington gave a history of the enforcement section of the Ordinance. He stated we have not been pro-active in enforcement due to City Council direction. Cm. Hughes asked why. Mr. Peabody stated it was a policy decision on how the City Council wants to enforce the Ordinance. Cm. Hughes asked even with our Sign Ordinance, there has to be a complaint first before Staff will do anything. Mr. Peabody stated that was correct. Cm. Johnson stated if there are too many signs, they defeat the purpose of people reading the sign. He stated Pleasanton and San Ramon have strong sign ordinances and they enforce them. Mr. Carrington gave the criminal remedies as they are more clearly defined. Cm. Johnson stated that if people did not agree with the Ordinance, they should try to get it changed. 9.2 Upcoming Planning Schedule Mr. Peabody want over some Planning issues. First was to change the meeting time from 7:30 to 7:00. There was consensus to change the meeting time to 7:00 p.m. starting in February. Mr. Peabody stated the January 28 meeting was canceled. The next meeting will be February 11, 1997. Mr. Peabody then went over our tentative schedule. He explained how this form worked, and indicated it would frequently change. Regular Meeting 4 January 14, 1997 [1-14 pcmi] Cm. Johnson stated he received a letter from Dublin Park Hotel that asked the Planning Commission to limit hotels in the area. He stated he also heard K & B had sold out on their homes at California Creekside. ADJOURNMENT The meeting was adjourned at 9:30 p.m. Respectfully submitted, Planning commissim4 Chairperson ATTEST: Community Development Dire~or v Regular Meeting 5 January 14, 1997 [1-14 pcmi]