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HomeMy WebLinkAboutPC Meeting MInutes 08-17-1987 ~ • ; Regular Meeting - August 17, 1987 A regular meeting of the City of Dublin Planning Commission was held on August 17, 1987, in the Meeting Room, Dublin Library. The meeting was called to order at 7:00 p.m. by Cm. Raley, Chairperson. ~ ~ ~ ~ II ROLL CALL PRESENT: Commissioners Barnes, Burnham, Mack, and Raley, Rod Barger, Senior Planner, Kevin Gailey, Senior Planner, and Maureen 0'Halloran, Associate Planner. ~ ~ ~ ~ PLEDGE OF ALLEGIANCE TO THE FLAG Cm. Raley led the Commission, Staff, and those present in the pledge of allegiance to the flag. ~ ~ ~ ~ ADDITIONS OR REVISIONS TO THE AGENDA Mr. Gailey noted that Staff was recommending Item 8.5, PA 87-094 Hot Rod Cafe Conditional Use Permit request, be continued to the meeting of September 8, 1987. ~ ~ ~ ~ MINUTES OF PREVIOUS MEETING Under Planning Commissioners' Concerns, Cm. Barnes requested that the word "not" be added to the last sentence on page PCM-7-142 of the minutes of the July 20, 1987, meeting so that the sentence would read as follows: "She also inquired about the reason why Oil Changer's had not begun work on their property." On motion by Cm. Mack, seconded by Cm. Barnes, and by a unanimous vote, the minutes of July 20, 1987, were approved with the correction to page PCM-7-142. ~ ~ ~ ~ ORAL COMMUNICATIONS None. Regular Meeting PCM-7-144 August 17, 1987 • • * ~ ~ ~ WRITTEN COMMUNICATIONS Mr. Gailey advised that the Commissioners had received six Appealable Action Letters and five Final Action Letters for informational purposes, as well as a circular from the California Association for Local Economic Development regarding a Seminar entitled "Public Entrepreneurship: Innovative Ways to Manage Public resources." ~ ~ ~ ~ PUBLIC HEARINGS SUBJECT: PA 87-052 National Food Laboratory Conditional Use Permit request, 6363 Clark Avenue. Cm. Raley opened the public hearing and called for the Staff Report. Ms. 0'Halloran advised that the Applicant was requesting approval of a I Conditional Use Permit to continue use of an outdoor area for storage of ~I, process research equipment in an M-1 District. She said this project was I continued from the July 20, 1987, Planning Commission meeting in order to I, provide Staff and the Applicant with an opportunity to further discuss the proposed Conditions of Approval. She indicated that at that meeting the , Applicant had expressed concern regarding the conditions which would I 1) require an additional 6-foot tall fence located perpendicular to the existing 6-foot tall fence; 2) require that items stored or stacked not exceed the height of the fence, and 3) require fire extinguishers within the storage ' area, a requirement of the Fire Department. Ms. 0'Halloran said that Staff had met with the Applicant on site to discuss the proposed conditions. She stated that since the July 20th meeting, the Applicant has made substantial improvements to the storage area, which eliminate the need to require an additional fence and landscaping. In addition, Ms. 0'Halloran said that on August llth Staff inet with the Applicant to review modifications to the outdoor storage area. She advised that storage items had been removed from the concrete walkway within the storage area, and that with the exception of one tank which the Applicant agreed to relocate to the west side of an existing storage shed, the storage area had been rearranged and organized to reduce the height of the stored and stacked items in compliance with the Zoning Ordinance. Ms. 0'Halloran indicated Staff was recommending the Commission adopt the draft Resolution approving the Conditional Use Permit request for PA 87-052 National Food Laboratory. Bob Bissell, Chief Engineer for National Food Laboratory, said he was fully satisfied with the proposed Conditions of Approval. He indicated that the only condition which was still outstanding was for the additional fire extinguisher, but that the extinguisher had not yet been received. Regular Meeting PCM-7-145 August 17, 1987 • • Cm. Raley closed the public hearing. On motion by Cm. Mack, seconded by Cm. Burnham, and by a unanimous vote, a Resolution was adopted approving PA 87-052. RESOLUTION N0. 87 - 056 APPROVING PA 87-052 NATIONAL FOOD LABORATORY CONDITIONAL USE PERMIT TO CONTINUE USE OF AN OUTDOOR AREA FOR STORAGE OF RESEARCH EQUIPMENT AT 6363 CLARK AVENUE SUBJECT: PA 87-102 Bagel King Conditional Use Permit request, 7168 Regional Street. Cm. Raley opened the public hearing and called for the Staff Report. Mr. Barger advised that the Applicant was requesting approval for the continued use of four tables and eight chairs which would be located in front of the Bagel King occupancy space for outside eating. He indicated that the original approval was granted by the Planning Commission on July 16, 1984, and was valid until July 16, 1987. He stated that the location and operation of the Bagel King outlet has not changed from the previous request. He said the tables and chairs are placed in front of the Applicant's tenant space at 6:15 a.m, and taken in at 5:45 p.m., Mondays through Fridays, from 8:00 a.m. to 5:45 p.m. on Saturdays, and from 8:00 a.m. to 3:00 p.m, on Sundays. He advised that the tables and chairs would be located against the building so as not to interfere with pedestrian traffic on the sidewalk. Mr. Barger said it had been noted that the Applicant had occasionally used illegal A-frame, sandwich board signs for advertisement purposes. He emphasized that use of such signs must be discontinued. He stated that the City had no record of any other zoning violations related to the Bagel King operation, but that a petition had been signed by several tenants in the shopping center in support of the Bagel King application. Mr. Barger advised that Staff was recommending the Commission adopt a Resolution approving the Conditional Use Permit for Bagel King. Greta Weingast, Regional Manager for Bagel King, said the A-frame signs have been removed and the employees have been told not to use them. Cm. Raley closed the public hearing. On motion by Cm. Raley, seconded by Cm. Barnes, and by a unanimous vote, a Resolution was adopted approving PA 87-102. RESOLUTION N0. 87 - 057 APPROVING PA 87-102 BAGEL KING'S REQUEST FOR A CONDITIONAL USE PERMTT TO ALLOW THE CONTINUANCE OF AN OUTSIDE EATING AREA IN FRONT OF THEIR STORE AT 7168 REGIONAL STREET, DUBLIN, CALIFORNIA Regular Meeting PCM-7-146 August 17, 1987 . • • SUBJECT: PA 87-103 Murray School District - Conditional Use Permit request, Fallon School site. Cm. Raley opened the public hearing and called for the Staff Report. Mr. Gailey advised that the subject request involved the School District property at the Fallon School site. He said approximately one year ago a 20- lot subdivision was approved along with a Conditional Use Permit to allow use of proposed Lot #20 as the Adminstrative Offices and Corporation Yard for the Murray School District, as well as to permit the continued use of one of the existing buildings by the Kaleidoscope Center. Mr. Gailey indicated that extensive internal modifications to the existing structures would be required to create the Administrative Offices. He said that following the previous action by the Commission, the District hired an architectural/engineering firm who developed more detailed plans for the Administrative Offices and Corporation Yard. Mr. Gailey noted that madified plans were submitted to Staff for review at the Administrative level. He said Staff was in support of the bulk of the proposed changes, but that there were two aspects of the plan modifications which Staff felt were not in strict compliance with the intent of the previous approval. As a result, Mr. Gailey said Staff advised the School District of the need to return to the Planning Commission for approval of the proposed project modifications. Mr. Gailey indicated that the proposed mechanics carport structure had been increased in size and split, by function, into two locations. He said Staff was concerned with the proposed 10-foot setbacks for the two new structures, and that Staff recommended the a minimum setback of 20 feet be imposed. Mr. Gailey stated that with the exception of direction to adjust the setbacks of the new structures, the proposed Conditions of Approval basically reiterated what had been approved previously. He said it was Staff`s recommendation that the Commission adopt a Resolution approving the Mitigated Negative Declaration of Environmental Significance and a Resolution approving the Conditional Use Permit application. Mr. Gailey said the Mitigated Negative Declaration was formatted in a manner that presupposes the Applicant will agree to project design changes and/or to enter into binding commitments that address and mitigate each potential significant environmental impact identified in the Initial Study prepared for the project. Mr. Akol, Akol & Yoshii Architects, commended Mr. Gailey for his cooperation regarding the proposed project. He said they have complied with most of the requirements presented by Staff, and that modifications were made in conjunction with constant discussion with Mr. Gailey. In response to an inquiry by Cm. Barnes, Stanley Maleski, School District Business Manager, explained the anticipated uses in each of the proposed and existing buildings. Cm. Raley closed the public hearing. Cm. Barnes expressed concern regarding the hours of operation of the District's Corporation Yard. She suggested that the closing hour be 5:00 p.m., rather than 7:00 p.m. Regular Meeting PCM-7-147 August 17, 1987 s ~ On motion by Cm. Burnham, seconded by Cm. Mack, and by a unanimous vote, a Resolution was approved adopting a Mitigated Negative Declaration of Environmental Significance for PA 87-103. RESOLUTION N0. 87 - 058 ADOPTING A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL SIGNIFICANCE CONCERNING PA 87-103 FALLON SCHOOL SITE (AKOL & YOSHII ARCHITECTS/MURRAY SCAOOL DISTRICT) On motion by Cm. Barnes, seconded by Cm. Burnham, and by a unanimous vote, a Resolution was adopted approving Conditional Use Permit request PA 87-103, with modification to Condition #4, changing the closing hour for the Corporation Yard from 7:00 p.m. to 5:00 p.m. RESOLUTION N0. 87 - 059 APPROVING CONDITIONAL USE PERMIT CONCERNING PA 87-103 FALLON SCHOOL SITE II (AKOL & YOSHII ARCHITECTS/MURR.AY SCHOdL DISTRICT) II SUBJECT: PA 87-100 Oil Changers Car Wash Conditional Use Permit request, I 7194 Village Parkway. Cm. Raley opened the public hearing and called for the Staff Report. Ms. 0'Halloran advised that the Applicant was requesting to operate a drive- through car wash in addition to the drive-through oil change, lubrication and smog certification facility approved by the Planning Commission on June 1, I 1987, at 7194 Village Parkway. She indicated that the Applicant was not I~ proposing any modifications or physical expansion to the approved site plan or building elevations. Ms. 0'Halloran reviewed the mechanics of the car wash operation and said it would service approximately 20 to 25 cars per day. She stated that adequate on-site circulation is provided, that the proposed drive-through car wash operation is consistent with the approved site plan, that it is consistent with the City's General Plan land use designation for the site, and that it is consistent with the Downtown Specific Plan. She said Staff was recommending the Commission adopt the Resolutions approving the Conditional Use Permit and Negative Declaration. John Read, Vice President of Construction of the Lube Management Corporation, said that the proposed car wash was being requested for marketing purposes. He explained how the system would operate and said the tanks would have to be cleaned out approximately every six months to remove the sedement. He said this would be Oil Changer's second facility with a car wash operation, and advised that the other one was in Oakland, off Park and MacArthur. Mr. Read indicated that the hours of operation would be weekdays from 7:30 a.m. to 8:00 p.m., Saturdays from 8:00 a.m. to 6:00 p.m., and Sundays fram 10;00 a.m. to 5:00 p.m. He indicated that the car wash would not operate when the oil change facility is closed. Regular Meeting PCM-7-148 August 17, 1987 • • Cm. Raley closed the public hearing. On motion by Cm. Burnham, seconded by Cm. Mack, and by a unanimous vote, a Resolution was approved adopting a Negative Declaration of Environmental Significance for PA 87-100. RESOLUTION N0. 87 - 060 ADOPTING A NEGATIVE DECLA.RATION OF ENVIRONMENTAL SIGNIFICANCE FOR PA 87-100 OIL CHANGERS CONDITIONAL USE PERMIT FOR A DRIVE-THROUGH CAR WASH AT 7194 VILLAGE PARKWAY On motion by Cm. Mack, seconded by Cm. Barnes, and by a unanimous vote, a Resolution was adopted approving PA 87-100 Oil Changers Conditional Use Permit request. RESOLUTION N0. 87 - 061 APPROVING PA 87-100 OIL CHANGERS CONDITIONAL USE PERMIT APPLICATION TO ESTABLISH A DRIVE-THROUGH CAR WASH FACILITY IN ADDITION TO THE OIL CHANGE LUBRICATION AND SMOG CERTIFICATION FACILITY PREVIOUSLY APPROVED FOR 7194 VILLAGE PARKWAY IN THE C-2-B-40 DISTRICT SUBJECT: PA 87-094 Hot Rod Cafe Conditional Use Permit request, 7590 Amador Valley Boulevard. Mr. Gailey indicated that a Conditional Use permit request had been received for a proposed commercial recreational facility (night club - restaurant, with a dance floor) in a portion of the vacant Showbiz Pizza Place facility. He said it was Staff's recommendation that this item be continued to the Planning Commission meeting of Tuesday, September 8, 1987, in order to provide Staff with additional time to coordinate with the Dublin Police Services and City Attorney's Office regarding the Draft Conditions of Approval under preparation for the proposed facility. Mr. Gailey said that if a quorum was not present at the September 8, 1987, Planning Commission meeting, the project would be heard at the following meeting. The Applicant was not present. Cm. Mack advised that she will not be available for the Septembar 8, 1987, Planning Commission meeting. Cm. Barnes advised that she will not be present at the September 21, 1987, meeting. It was the consensus of the Commission to continue PA 87-094 Hot Rod Cafe Conditional Use Permit request to the September 8, 1987, Planning Commission meeting. Regular Meeting PCM-7-149 August 17, 1987 _ ~ ~ SUBJECT: PA 87-076 Rainbow Investment Company rezoning request, 7601 Amador Valley Boulevard. Cm. Raley opened the public hearing and called for the Staff Report. Mr. Gailey advised that the Applicant was requesting approval of a Rezoning request to rezone a 1.3+ acre partially developed property from a C-0, Administrative Office District to a C-I, Retail Business District. He said the site lies just beyond (north of) the lands involved with the recently adopted Dublin Downtown Specific Plan. Mr. Gailey discussed several factors which raised Staff concerns that a straight application of the C-1, Retail Business District land use and development criteria may not be appropriate for the subject site. He said Staff was recommending that a modified C-1, Retail Business District be applied to the site through the application of a site-specific PD, Planned Development Zoning District, which would delete potential uses that do not appear appropriate for the site. In addition, he said it was Staff's recommendation that if the PD, Planned Development District was applied to the site, it establish site specific development criteria reflecting such things as setback requirements, building height and coverage restrictions, and landscaping standards. Mr. Gailey referred to the range of permitted uses outlined in the Draft Resolution pertaining to the rezoning request. He advised that the uses listed had been taken directly from the C-1 Zoning District, but did not constitute a compTete list of those uses permitted in the C-1 District. He said some of the uses were deleted as they did not seem to be appropriate for the subject location. He also noted that variations from the C-1 District had been made in terms of site specific dimensional criteria. He said because of the presence of three street frontages, Staff recommended more restrictive regulations in terms of front yard and street side setbacks be applied. He indicated that Staff was anticipating the submittal of a Site Development Review application for modifications to the existing structure and the proposed new structure. He said Staff desires to utilize that submittal to trigger specific changes to the site's parking and driveway layout. He referred to Condition #7 of Exhibit B which outlined specific changes Staff would like to see incorporated into the parking and driveway layout. He also called attention to Condition #9 and said Staff was suggesting this Condition be modified to limit the amount of the Applicant's contribution for future signalization to a maximum of 5~ of the cost of the signalization, up to a maximum of $5,000.00. Mr. Gailey said it was Staff's recommendation that the Planning Commission adopt a Resolution which recommends the City Council adopt a Negative Declaration of Environmental Significance for PA 87-076, and a Resolution which recommends that the City Council rezone the subject property to a PD, Planned Development District. Regular Meeting PCM-7-150 August 17, 1987 . ~ ~ The Applicant was not present. Cm. Raley closed the public hearing. On motion by Cm. Mack, seconded by Cm. Burnham, and by a unanimous vote, a Resolution was adopted recommending that the City Council adopt a Negative Declaration of Environmental Significance concerning PA 87-076. RESOLUTION N0. 87 - 062 RECOMMENDING THAT THE CITY COUNCIL ADOPT A NEGATIVE DECLARATION OF ENVIRONMENTAL SIGNIFICANCE CONCERNING PA 87-076 RAINBOW INVESTMENT COMPANY REZONING APPLICATION On motion by Cm. Barnes, seconded by Cm. Burnham, and with a modification to Condition #9, stipulating that the amount of contribution for signalization would not exceed a maximum of 5~ of the cost, up to a maximum of $5,000.00, a Resolution was unanimously adopted recommending the City Council establish Findings and General Provisions for a PD, Planned Developrnent Rezoning concerning PA 87-076. RESOLUTION N0. 87 - 063 RECOMMENDING THE CITY COUNCIL ESTABLISH FINDINGS AND GENERAL PROVISIONS FOR A PD, PLANNED DEVEIAPMENT REZONING CONCERNING PA 87-076, RAINBOW INVESTMENT COMPANY REZONING APPLICATION SUBJECT: PA 87-098 Dublin Kawasaki Conditional Use Permit request, 6743 Dublin Boulevard. Cm. Raley opened the public hearing and called for the Staff Report. Mr. Barger advised that the Applicant was requesting approval of a Conditional Use Permit to allow the outdoor storage and display of new and used motor- cycles in a portion of the parking lot area of the site at 6743 Dublin Boulevard. He said a similar Conditional Use Permit request at the same location was denied by the Planning Commission on August 6, 1984, was subsequently appealed to the City Council, and was denied by the City Council on September 10, 1984. Mr. Barger indicated that the motorcycles are being illegally stored and displayed in the driveway area, the walkway area and in parking spaces of the site on a daily basis. Mr. Barger discussed the chronology of events which have occurred between the City and the Applicant since April, 1987. He noted that the Applicant has indicated he will be relocating his business to the Amador Lanes site in the future, and that display of the vehicles would be temporary. He said a Conditional Use Permit for outdoor storage and display of motorcycles was approved for the Amador Lanes site. Mr. Barger reviewed Staff's concerns related to the proposed application, particularly in regards to obstruction of vehicular and pedestrian access and the setting of an undesirable precedent should the application be approved. He said it was Staff's recommendation that the Planning Commissian adopt a draft Resolution denying the Conditional Use Permit request for PA 87-098. Regular Meeting PCM-7-151 August 17, 1~87 . ~ In response to an inquiry by Cm. Burnham, Mr. Barger clarified that although the Applicant has received three "Notices to Appear" in Municipal Court regarding the zoning violations, he has not yet appeared in Court. Mr. Barger advised that regardless of what occurs in Court, outside storage would not be an acceptable use on the subject property. Doug Meyer, President of Tri-Dynamics, Inc., indicated that he was unaware of the degree to which the Commission was involved with the situation under the previous owner. He said his application was in no way related to or involved with the previous owner of the Kawasaki business. He said that most of the information contained within the Staff Report pertained to the previous application. Mr. Meyer discussed the increase of sales since he had purchased the business, and said that as a result a significant amount of taxes was being returned to the community. Mr. Meyer stated that his product line had increased, as had his need for space, He said that because of the fluctuation in his inventory, it was impossible to keep all of the items within the store, and thus he had a need to display merchandise outside the building. He stated that when he was originally contacted by the Zoning Investigator, a number of the items parked around the building belonged to customers. He said Mr. Barger had contacted him on Saturday, and that at that time he told Mr. Barger that sometimes there are 14 or 15 people in the store who have brought in their own vehicles. He said those items could be parked in the customer parking spaces, but that he would have a concern with the neighbors because of the impact it would have on the available spaces. Mr. Meyer referred to the Analysis section of the Staff Report, which indicated that motorcylces were being parked in the wall~way area. He said that there was no walkway area, and that doors were never blocked. He also said that he did not think the motorcycles impacted vehicular traffic. Mr. Meyer said the application submitted by the previous owner was substantially different than his, that the previous proposal suggested a concrete pad be created in the landscape area on which to display merchandise, and that the previous Applicant desired to park his merchandise up to the beginning of the sidewalk. Mr. Meyer indicated that he did not intend to do the same thing, and that he always keeps the sidewalk itself clear. He referred to Exhibit E, and said he thought 25 feet was more than adequate space for any automobile to turn around. He stated that the previous application was turned down because it was thought there would not be enough room for the vehicles to turn around. Referring to complaints by adjacent businesses, Mr. Meyer said he thought if complaints had been received they were very general in nature. He said he desired to know if there were any complaints which specified that vehicles had been impeded in any way. Regarding a comment within the Staff Report which indicated that the parking of motorcycles on the subject property would lead to unattractive storage, he said he did not understand why that would be the case as the vehicles are clean, expensive ones. He said the Planning Commission had the option to deny other applications if they were not proposed in an intelligent manner. Regular Meeting PCM-7-152 August 17, 1987 i • Mr. Meyer advised that he would be moving his merchandise to a new location where he had already obtained approval to store the items outside. He said he only needs approval for outdoor storage on a temporary basis. He said such approval was not insignificant to him. He indicated that rent at the new location would triple and that floor space would double. Mr. Meyer said that he had not ignored the City's regulations, that he had spoken previausly to Ms. 0'Halloran and discussed this situation with her. He said he did not think he had received any information during that discussion which directly related to his business. He said he had met with Vic Taugher and thought he had an understanding that since Mr. Taugher was aware that the Kawasaki business would be moving he would not have to do anything else for the duration of the summer. He said when he received his second citation from Mrs. Stagner he told her to issue all three citations at once so that one court date could be scheduled to handle all three. During a meeting with Mr. Tong, Mr. Meyer advised him that he had obtained approval to move into Amador Lanes and that a Conditional Use Permit for outdoor storage at that site had been approved. He said he was told by Mr. Tong that it may be necessary for him to rent another location until Amador Lanes was ready. Mr. Meyer stated that he wanted to comply with the City's regulations, and that when he was notified of the Sign Ordinance violations he eomplied with them. He said he can't comply with the regulations prohibiting him from parking his vehicles outside, and said he would like a temporary permit until he moves into his new store, which should be ready between November and the first of 1988. In response to an inquiry by Cm. Raley, Mr. Meyer indicated that both he and his customers are parking their motorcycles in front of the Kawasaki Store. Cm. Burnham stated that he understood concerns both on the part of Staff and the Applicant, but that he felt that the "law is the law". He said if the Applicant is entitled to a certain number of parking spaces, those should be utilized for that purpose. He said he had concerns regarding motorcycles being parked in front of the building. Mr. Meyer said when the Police Department investigated his property, they indicated they didn't think there was a problem. Mr. Barger clarified that the Police report indicated an attempt had been made to back the officer's car out of a stall while the motorcycles were parked there, and that it was extremely difficult to do so. He said the Police Department had recommended denial of the application. Mr. Gailey referred to the differences between Exhibit D and Exhibit E, and advised that he thought it was important to emphasize that there was no excess space available between the required 25-foot parking area and the 5-foot pedestrian space. He said if the Commissioners saw merit in approving the proposed application, they would also have to give direction on a dimensional parking variance, as a variation from the City's Parking Ordinance would be created. He indicated that this may cause a problem with insurance liability. Regular Meeting PCM-7-153 August 17, 1987 • ~ • • Cm. Raley closed the public hearing. On motion by Cm. Barnes, seconded by Cm. Mack, and by a unanimous vote, a Resolution was adopted denying PA 87-098 Conditional Use Permit application. RESOLUTION N0. 87 - 064 DENYING PA 87-098 KAWASAKI OF DUBLIN CONDITIONAL USE PERMIT APPLICATION TO ALLOW THE OUTSIDE STORAGE AND DISPLAY OF MOTORCYCLES AT 6743 DUBLIN BOULEVARD ~ ~ ~ ~ NEW BUSINESS OR UNFINISHED BUSINESS None. ~ ~ ~ ~ OTHER BUSINESS Mr. Gailey introduced Debra Boyle, student intern from Cal Poly, San Luis Obispo. ~ ~ ~ ~ PLANNING COMMISSIONERS' CONCERNS Commissioners Barnes, Burnham and Mack expressed appreciation to Cm. Raley for his service on the Planning Commission. Cm. Raley said it had been an hanor to serve on the Commission, and stated that he had learned a great deal during his time as a Commissioner. ~ ~ ~ ~ ADJOURNMENT There being no further business, the meeting was adjourned at 8;40 p.m. ~ ~ ~ ~ Resp t ully sub itt , G d%k:C~k~c.4./ Planning Commiss Chairperson Laurence L. Tong Planning Director Regular Meeting PCM-7-154 August 17, 1987