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HomeMy WebLinkAboutPC Meeting Minutes 11-02-1987 ~ ` - . ~ ~ Regular Meeting - November 2, 1987 A regular meeting of the City of Dublin Planning Commission was held on November 2, 1987, in the Meeting Room, Dublin Library. The meeting was called to order at 7:00 p.m. by Cm. Barnes, Acting Chairperson. ~ ~ ~ ~ ROLL CALL PRESENT: Commissioners Barnes, Burnham, Mack, Tempel, and Zika, Laurence L. Tong, Planning Director, and Maureen 0'Halloran, Associate Planner. ~ ~ ~ ~ PLEDGE OF ALLEGIANCE TO THE FLAG Cm. Barnes led the Commission, Staff, and those present in the pledge of allegiance to the flag. ~ ~ ~ ~ ADDITIONS OR REVISIONS TO THE AGENDA Cm. Barnes commended three students from California High School who attended the Planning Commission meeting in order to observe a form of City government in operation. There were no additions or revisions to the Agenda. ~ ~c ~ ~ MINUTES OF PREVIOUS MEETING On motion by Cm. Tempel, seconded by Cm. Mack, and by a unanimous vote, the minutes of the October 19, 19$7, Planning Commission meeting were approved as presented. ~ ~ ~ ~ ORAL COMMUNICATIONS None. ~ ~ ~ ~ WRITTEN COMMUNICATIONS Mr. Tong advised that the Commissioners had received a Notice of Appeal as well as seven Action Letters for informational purposes. Regular Meeting PCM-7-176 November 2, 1987 . • i PUBLIC HEARINGS SUBJECT: PA 87-127 Crest Enterprises, Inc./The New Ewe Planned Development Rezoning request, 11873 Dublin Boulevard. Cm. Barnes opened the public hearing and called for the Staff Report. Ms. 0'Halloran displayed several slides of the subject site which is commonly referred to as the Green Store. She said the Applicant was requesting a PD, Planned Development Rezoning to expand the permitted uses within a portion of an existing Planned Development (Heritage Park) to include medical offices and labs, a health spa, a massage therapist, and a tanning and beauty salan. She said the Green Store property is one of three existing parcels originally zoned as a Planned Development in 1978 by the Alameda County Board of Supervisors (1362 Z.U.). Ms. 0'Halloran said the Applicant's site, referred to as Parcel A, and the adjacent Parcel B to the east were restricted in use to a bank or savings and loan institution or restaurant in the existing Planned Development. She also indicated that Parcel C, the largest parcel, was limited to office use for business, administrative or professional purposes. Ms. 0'Halloran stated that because the rezoning request is for one of three parcels of property in a Planned Development District, to comply with the City Zoning Ordinance the request for rezoning must either be initiated by a Resolution of the City Council or Planning Commission, or by a petition of all affected property owners. She said the Commission would need to either direct Staff and the Applicant to contact other affected property owners to consider initiating the rezoning, or the Planning Commission could initiate the rezoning by adopting a draft Resolution initiating the Planned Development Rezoning. Ms. 0'Halloran indicated the existing character of the Heritage Park Planned Development is C-0, Administrative Office. The proposed uses would expand the Green Store parcel to a very limited C-l, allowing office, personal service and recreation uses. She indicated that the Applicant's proposed uses, with the exeption of the massage therapist, were compatible with surrounding uses. However, she stated that massage establishments within the City are regulated by the Police Permit and Conditional Use Permit processes, and are only permitted within a C-1 District sub~ect to Conditional Use Permit approval. She advised that massage establishments are not permitted or conditionally permitted in any other district in the City and are not compatible with the office or surrounding uses. Staff was reeommending the massage use not be permitted in the proposed PD District except as exempt through the Police Permit. Randy Kleimer, Representative of Crest Enterprises, asked for clarification regarding the mailing labels and the need to send out additional hearing notices. He said the Applicant is paying rent on the building on a daily basis and expressed concern regarding the time frame to process the subject application. Regular Meeting PCM-7-177 November 2, 1987 . . . • • Mr. Tong stated that Staff had inadvertently accepted the application without being fully aware of the provision of the Zoning Ordinance which regulates the initiation of a change to a Planned Development. He said Staff felt it necessary to bring the proposed application to the attention of each affected property owner as required in the Zoning Ordinance. He indicated that in terms of paying rent on the establishment, Staff has no input as to whether the tenant prematurely entered into an agreement or not. He said the Applicant had been advised early on in the application process that the use was not permitted until the zoning was actually changed. He also said that Staff had gone to a great length to explain to the Applicant the time involved in the process. Mr. Kleimer asked that the continuance be of the shortest duration possible. Ms. 0'Halloran said that the public hearing notice must be mailed no less than 10 days prior to the hearing. She said that a copy of the notice must be at the newspaper by Tuesday in order for the notice to be published by Friday. She said if the Commission concurs with Staff's recommendation that the Planning Commission initiate the zone change, the time line could be met for the notices and the project could be continued to the next Planning Commission meeting, November 16, 1987. She advised that if the Commission directed Staff and the Applicant to request the property owners to petition for the rezoning request, those petitions would have to be received by 1Ot00 a.m. on Tuesday, November 3, in order to meet the time frame for the next Planning Commission meeting. John Bledslow, Crest Enterprises, asked if the City had an established time frame which regulates the acceptance or denial of an application. Mr. Tong indicated that the City does have such a time frame, but that it would not preclude compliance with Zoning Ordinance procedures. He said in terms of ineeting the response time frame for the initial submission of the application, Staff had met that time frame, but the condition had not been met as far as receiving a petition from other property owners involved with the original Planned Development. He said if a decision were forced, Staff would have to recommend denial of the subject request as the Zoning Ordinance provisions have not been met. Cm. Barnes closed the public hearing. In response to an inquiry by Cm. Burnham, Mr. Tong indicated that the delay was due to a procedural situation related to the initiation of a rezoning for an existing Planned Development. He said Staff had believed the requirement was met in terms of the original information received, but that on further review of the application and the particular situation, i.e., a Planned Development involving other property owners, it was determined that the Applicant could not proceed with the request without the involvement of the other affected property owners. At the request of Cm. Barnes, Ms. 0'Halloran restated the Commission's options: 1) the Planning Commission could adopt a Resolution initiating the zone change; or 2) the Commission could direct Staff and the Applicant to contact the affected property owners and have those property owners petition Regular Meeting PCM-7-178 November 2, 1987 4 ' + ~ • the Plannzng Comission for the zone change. In either case, the item would have to be continued to perrnit Staff the opportunity to notice the other affected property owners. In response to an inquiry by Cm. Zika, Ms. 0'Halloran stated that it may be difficult for the affected property owners to submit the rezoning petition in time for Staff to provide the public notice within the time frame required to notice for the next meeting. If the Commission initiates the request for the rezoning, the public notice requirements could be met for the next Planning Commission meeting. For further clarification, Ms. 0'Halloran indicated that the affected property owners were noticed regarding the November 2nd hearing, but that the language within the notice was not as specific as required by the Ordinance. She said in re-noticing the item, only a few additional property owners may be added to the list. Mr. Tong said that a Planned Development is, in essence, a fairly specific plan which calls out the land uses that are allowable within the area of the Planned Development. He said only those uses specified in the Site Plan and Planned Development general provisions are permitted. He also said the Zoning Ordinance does not allow for one portion of a Planned Development to be rezoned without consideration of the entire Planned Development. In response to an inquiry by Cm. Burnham, Mr. Tong verified that some construction had been performed on the Green Store without the required building permits. Responding to an inquiry by Cm. Mack, Ms. 0'Halloran said the State does not regulate massage establishments. She said the massage uses under the juris- diction of the State would be limited to those which would be performed as a service by a cosmetologist, barber, etc., and in those cases the massage would be limited to areas of the head, face, hands, and arms up to the elbow. On motion by Cm. Burnham, seconded by Cm. Zika, and by a unanimous vote, the Commission directed Staff and the Applicant to contact all other affected property owners for the initiation of the rezoning by petition, and continued the item until such a petition has been received and the hearing notice been published and mailed as required. ~ ~ ~ ~ NEW BUSINESS OR UNFINISHED BUSINESS SUBJECT: Election of Officers. Mr, Tong advised that, according to the Dublin Planning Commission Rules of Procedures, in the absence of the Chairperson the Vice Chairperson presides over the Planning Commission meetings. He noted that with Brian Raley's resignation, Cm. Barnes has been presiding as Chairperson. Mr. Tong discussed the Rules of Procedures in relation to elections, and said Staff recommended the Comrnissioners either hold an election to fill the vacancy in the office of Chairperson or hold the annual elections at the first Planning Commission meeting in December, and have Cm. Barnes preside as Chairperson in the interim. Regular Meeting PCM-7-179 November 2, 19$7 ' ; . . ~ ~ On motion by Cm. Zika, seconded by Cm. Mack, and by a unanimous vote, it was decided that the annual election of officers would be held in December and that until that time, Cm. Barnes will continue to preside over the meetings as Chairperson. ~ ~ ~ ~ OTHER BUSINESS Mr. Tong noted that the Corwood Car Wash appeal was continued by the Applicant until the City Council meeting of November 23, 1987. Regarding the next City Council meeting, November 9, 1987, Mr. Tong said a report was to have been prepared regarding the Dublin Downtown Specific Plan implementation strategies, but he thought it may not be possible to have it prepared by that time. Mr. Tong asked the Commissioners to provide him with suggestions for topics for the Commissioners' training session which will be held on Thursday, November 12th. He said two possible topics of discussion may be the Brown Act and permit processing procedures. The League of California Cities Planning Commission Institute will be held March 9 through March 11, 1988, in Anaheim. Mr. Tong said Staff would recommend as many Commissioners as possible try to arrange their calendars to attend the Institute. ~~~c~c PLANNING COMMISSIONERS' CONCERNS Cm. Burnham asked about the status of the two room additions which had been illegally built. Mr. Tong said the court date had not yet been scheduled for the McCourtney addition, and the City Council hearing for the Lopez appeal had not been scheduled either. Cm. Zika and Cm. Barnes requested that coffee be provided at the Planning Commission meetings. In response to an inquiry by Cm. Burnham regarding the Target Stores easement, Mr. Tong advised that Staff is still discussing this with the Appellant, Transpacific Development Company (TDC), but that he thought the issue would be resolved in the near future. Cm. Barnes expressed concern regarding the concrete curbing within the Mervyn's Shopping Center parking lot. Ms. 0'Halloran advised that a Condition of Approval for a Site Development Review pending for the Mervyn's Store addresses the removal of the concrete curbing, as well as the need for obtaining a cross access easement. Regular Meeting PCM-7-180 November 2, 1987 . ~ : , , , ~ • Mr. Tong referred to the discussion held at the previous Planning Commission meeting related to curb painting. He advised that the maintenance Staff concurred that the painting was not done as it should have been and they are in the process of correcting it. Cm. Mack inquired about her previous request to have Martin Luther King Day established as a City holiday. Mr. Tong said the request was forwarded to the City Council at the time it was made, but that the Council has not yet taken action on it. ~ ~ ~ ~ ADJOURNMENT There being no further business, the meeting was adjourned at 7:46 p.m. ~ ~ ~ ~ Respectfully submitted, 'Planni Commission Chairperson Laurence L. Tong Planning Director ~~c~~ Regular Meeting PCM-7-181 November 2, 1987