HomeMy WebLinkAboutPC Minutes 11-20-1989
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Regular Meeting - November 2Q, 1989
A regular meeting of the City of Dublin Planning Commission was
held on November 2Q, 1989, in the Dublin Civic Center Council
Chambers. The meeting was called to order at 7.30 p.m. by Cm.
Burnham, Vice-Chairman.
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ROLL CALL
Present: Commissioners Burnham, Mack, Okun and Zika; Laurence L.
Tong, Planning Director; Maureen O'Halloran, Senior Planner; and
Gail Adams, Planning Secretary.
Absent: Commissioners Barnes
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PLEDGE OF ALLEGIANCE TO THE FLAG
Cm. Burnham led the Commission, Staff, and thase present in the
pledge of allegiance to the flag.
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ADDITIONS OR REVISIONS TO THE AGENDA
None
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MINUTES OF PREVIOUS MEETING
The minutes of November 6, 1989 were approved.
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ORAL CONIl~IZJNICATIONS
Ms. Marjorie LaBar indicated that before the Planning Cammission
continued Public Hearing Item ~8.4, she would like to have a few
minutes to speak on that item regaxding the infrastructure and
planning issues for the East Dublin study area which would affect
the Dublin Boulevard Extension.
The Planning Commissian indicated they had no problem with the
request.
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WRITTEN COMMUNICATIONS
None
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Regular Meeting PCM-8-152 November 20, 1989
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PUBLIC HEARINGS
SUBJECT: PA 89-126 Catania Deli Conditional Use Permit
to allow the cantinuance of outdoor seating
for patrons of a restaurant located at 7081
Village Parkway
Cm. Burnham ogened the public hearing and asked for the staff
report.
Mr. Larry Tong introduced Charlie Haims, Planning Intern, who
would be presenting the staff report to the Cammission.
Mr. Haims indicated that the apglication was for a Conditional
Use Permit to allaw the continued use of outdoor seating in front
of the existing deli at 7481 Village Parkway. He indicated that
Section 8-49.7 of the Zoning Ordinance states that outside uses
can only be considered with a Canditional Use Permit.
Mr. Haims indicated that on October 21, 1986, the Planning
Commission approved a Conditional Use Permit to allow four tables
and eight chairs for outside eating directl~ in front of Catania
Deli's tenant space. That approval expired on actober 16, 1989,
and on October 16, 1989, the Applicant submitted an application
to renew the Conditional Use Permit.
Mr. Haims indicated the tables and chairs are placed outside at
8:30 a.m. and taken in at 5:30 p.m on the weekdays, and Saturdays
they are outside from 8:30 a.m. to 4:30 p.m. The deli is closed
on Sundays.
Mr. Haims indicated that the tenant uses at the center have
changed, however the parking requixements are the same and no
problems have occurred. He indicated that no zoning vialations
have occurred on the site, all applicable agencies have reviewed
the application and is in compliance with the Zoning Ordinance.
Mr. Haims indicated that conditions of apgroval similar to the
previous apglication ~ere included in the draft resolution.
There is, however, no exgiratian date far the new Conditional Use
Permit. He indicated that the implementation of the Management
Audit included the elimination of the approval expiratians and
administrative extensions far conditianal use permits.
Mr. Haims indicated that there are conditions included in the
draft resolution addressing revocation of the permit and citation
for violations of any of the conditions of approval.
Mr. Haims indicated that Staff feels that the Applicant's past
record warrants granting approval without the expiration
limitations and recommends that the Planning Commission adogt the
Regular Meeting PCM-8°153 November 20, 1989
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draft resolution approvinq the Conditional Use Permit for Catania
Deli, PA 89-126.
Mr. Latora, Applicant, had no comments.
On motion from Cm. Qkun, seconded by Cm. Mack~ with a vote of 4-0
(one absentj, the Planning Commission adopted
RESOLUTION NO. 89-051
APPROVING PA 89-126 CATANIA DELI'S CONDITIONAL USE PERMIT
TO CONTINUE THE OUTSIDE EATING AREA AT 70$1 ~TILL.~,GE PARKWAY
SUBJECT: PA 89-117 First Christian Church Gonditional
Use Permit to allow a church, including
Sunday School and nursery care in an existing
commercial building located at 11875 Dublin
Boulevard
Cm. Burnham opened the public hearing and asked far the Staff
Report.
Ms. O'Halloran indicated that the application was for a
Conditional Use Permit ta allow a church, including Sunday School
and nurser~r care in an existing commercial building located at
11875 Dublin Boulevard, aka The Green Store, Section 8-61.0 of
the Zoning Ordinance requires approval of a Conditional Use
Permit for churches unless specifically listed as a permitted
use.
Ms. O'Halloran indicated that the facility would consist of an
assembly area, library/classroom, nursery, toddlers classraom and
restroom facilities on the main floor; a kitchen, restrooms,
classroom and fellowship all on the lower flaor; and offices on
the upper floor.
Ms. O'Halloran indica~ed that there would be church services,
children's Sunday sGhool classes, bib].e study, choir practice and
other miscellaneous c~urch related activities. The haurs of
operation far the church would be 8:30 a.m. ta 12:3Q p.m. an
Sunday mornings; 6:3Q p.m. to 7:30 p.m. on Sunday evenings; 7:00
p.m. to 8:30 p.m. weekdays; and 8:00 a.m. to 5:00 p.m. office
hours during the weekdays.
Ms. O'Halloran indicated that there were interiar and minor
exterior building modifications which would require Staff's
review and approval. A condition has been added to the draft
resolution waiving the Site Development Review and reguiring
Staff review and approval of the interior modifications prior to
issuing building permits for the site.
Ms. O'Halloran indicated that there were two planning issues
association with this application: 1) Was the use compatible
with the PD District and surrounding districts and uses and 2)
Does the site have adequate parking for the requested use?
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Regular Meeting PCM-8-154 November 20, 1989
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Ms. O~Halloran indicated that the proposed use is compatible with
the PD District in that the proposed modifications would maintain
public accessibility to The Green Store as well as promote the
historical character as specified in the PD General Provisions.
No other uses are praposed for the site therefore no use
conflicts are anticipated.
Ms. O'Halloran indicated that the site contains 29 on-site
parking spaces and shares a reciprocal ingress, egress as we}.l
as parking easements with the adjaining offiae complex for a
total of approximateZy 483 parking spaces. Due to the shared
parking easement and the off-peak hours of the church activities,
adequate parking is available.
Ms. O'Halloran indicated that all applicable a:gencies have
reviewed the application.
Ms. O'Halloran indicated that as part of the implementation of
the Management Audit, the draft resalution does not contain an
expiration date for the Conditional Use Permit. There ar~,
however, conditions included requiring 1) the Zoning Investigator
to review the use after the first year for compliance; 2)
indicating the use appraval will become null and void if the use
ceases operation for a continuous one-year period; and 3) the use
is subject to revocation and citation for any violations.
Ms. O'Halloran indicated that Staff recammended th~ Commission
adopt Exhibit B, the resolution agproving the Negative
Declaration and Exhibit C, the resQlution approving the
Conditional Use Permit.
Ms. 0'Halloran indicated that there was a letter from the
Historical Society indicating their review and approval of the
use.
Cm. Zika asked what the maximum accugancy was for the building.
Ms. O'Halloran indica~ed that the maximum occupancy rate was
unknown. The Building Official has reviewed the appliGation and
the interior modifications would be reviewed b~ the Building
Official as well.
Cm. Okun asked if the traffic consultants had reviewed the
application. He was concerned about the traffic impact on Dublin
Boulevard.
Ms. O'Halloran indicated no, however, Chris Kinzel fram TJKM was
in the audience if the Commission had queations.
Mr. Kinzel, TJKM, indicated that the traffic impacts associated
with the church activities would be mostly on the ~teekends and
evening hours. H~ felt that traffic mitigations were not
necessary.
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Regular Meeting PCM-8-155 November 2a, 1989
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Cm. Okun indicated that the intersection at The Green Store was
already overloaded.
Mr. Kinzel indicated that there would be Iess traffic during
church activities than there would be at the usual rush-hour time
period.
Cm. Burnham asked Staff if the City had monitoring requirements
regarding the historical character of the site.
Ms. O'Halloran indicated that ther~ were interior modifications
to the building, however, Staff would review the site to make
sure the historical characteristics of the building ~rere kept
intact.
Mr. Mark Bigelow, Applicant, described his church organization.
He indicated that the church was in favor of preserving, as well
as encouraging, the histarical nature of the site. Community
churches were known ta take good care of their property.
Cm. Zika indicated that he hoped the Applicant would stay in the
facility far a long time and suggested that their organization
look into developing their da~rcare uses. The City was in need af
more daycare facility.
Cm. Burnham asked if the kitchen facilities that were located
downstairs were acceptable to Staff.
Ms. O'Halloran indicated that the kitchen was in compl.iance with
all zoning regulations.
Cm. Burnham asked if there would be weekend residency
accommodations at the faaility.
Mr. Bigelow indicated that there wauld be a passibility of
weekend minister groups and the facility was set up to
accommadate them. This would be a temporary use, not a permanent
setup.
Ms. O'Halloran indicated that the conditions of approval allowed
ancillary uses.
The Planning Commission discussed the sleepover situation and
indicated they aceepted Staff's recommendations.
Cm. Burnham closed the public hearing.
On motion from Cm. Mack, seconded by Cm. Okun, with a vote of 4-~
(one absent), the Planning Commissian adopted
RESOLUTION NO. 89-052
ADOPTING A NEGATTVE DECLARATION OF ENVIRaNMEN'~'AL
SIGNIFICANCE CONCERNING PA 89-117 FIRST CHRISTIAN
CHURCH CONDITIONAL USE PERMIT
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Regular Meeting PCM-8-156 November 20, 1989
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RESOLUTION NO. 89-Q53
ADOPTING PA 89-117 FIRST CHRISTIAN GHURCH
CONDITIONAL USE PERMIT FOR A CHURCH FACILITY
AT 11873 DUBLIN BOULEVARD
SUBJECT: PA 89-062 Hansen Hill/Bren Co. Tentative
Map, planned develapment, prezoning and
annexatian request for 180 single-famil~
lots on approximately 51 acres with
approximately 95.85 acres of open space
located on the west side of Silvergate
Drvie, north of Hansen Drive (continued
from November 6, 1989)
Cm. Burnham asked for the Staff Report.
Ms. O'Halloran indicated that this item had been continued from
the November 6th Planning Commission meeting in order for the
Commission to consider additional information regarding the
mitigation measure requiring the improvements on Dublin
Boulevard, Silvergate Drive and Hansen Drive.
Ms. O'Halloran indicated that at the November 6th meeting, the
Commission conducted a public hearing on the Planned Development
Prezoning, Tentative Map and Annexation, closed the puhlic
hearing and directed Staff to 1) have the traffic consultant
available at the next meeting to discuss the traffic signal
issue; 2) provide plans indicating sidewalk locations on the site
and indicate where the Applicant and Staff di.ffer; 3) provide
information on radon testing; and 4) revise the resolutions to
include the Planning Cammission's recammendations fram the
November 6th meeting. She indicated that the Commission's
recommendations have been included in the draft resolutions of
approval.
Ms. O'HalZoran indicated that Chris Kinzel of TJKM was in the
audience to make a presentation on the Traffic Study. She also
indicated that the Commission received a letter from the
Applicant's at~orney stating the Applicant's position regarding
the signal at Dublin Boulevard/Silvergate Drive and a
confidential memo to the Co~unission from the City At~orney
concerning this matter was distributed to the Commission.
Ms. O'Hallaran indicated that Attachment 9 of the Staff Report
indicates the three sidewalk locations recommended by~ Staff.
Staff recommends these sidewalks in order to provide safe
accessible pedestrian circulation throughout the project.
Ms. O'Halloran discussed the sidewalk locations with the
Commission from the wall map. She indicated that the blue
markings on the wall map were where Staff and Applicant agreed on
the sidewalk location and and the green markings were where the
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Regular Meeting PCM-8-157 November 20, 1989
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Applicant proposed no sidewalks and Staff was recommending
sidewalks. ~
Ms. O'Halloran indicated that where Staff recommended the I
sidewalks to be located would eliminate ped~strians from making
unsafe illegal midblock crossings as well as eliminating awkward
sidewalk segments which began and ended in midlalock.
Ms. O'Halloran indicated that Staff had surveyed various
surrounding cities and counties regarding the requirements for
radon testing. None af the cities sur~eyed required testing and
Attachment 10 and 11 provided additional information for the
Cammission on the radan issue.
Ms. O'Halloran indicated that at the Nave~er 6th meeting, the
Applicant had reguested that item #2 under the Planned
Development General Yard Provisions be modified to allow 3 foot
projections instead of 2 foot projections. Staff had no zoning
or planning concerns, hawever Staff needed to discuss the issue
with the Building Official to make sure there were no building
code. Staff had discussed the concern with the Building Official
and he indicated that there were no building code conf licts.
Staff recommends the Commission modify condition #3, item #2
under the General yard Provisions to allow 3 foot projections.
Ms. O'Halloran indicated that the Gommission had closed the
public hearing at the November 6th meeting and directed Staff to
revise the draft resolutions.
Staff recommended that the Commission reapen the public hearing
to consider the issues regarding the Negative Declaration, the
sidewalk locations and the projection into the required yards;
hear the Staff, Consultant, and Applicant's presentation; take
public comment and questions; and close the public hearing.
Ms. O'Halloran indicated that Staff recommended the Cammission
adopt the five resolutions recommending City Council approval
that were attached ta the Staff Report as exhibits.
Ms. O'Halloran indicated that there was a correction to the 4th
"whereas" on Exhibit C. It should read "...approval of the
Planned Develapment Prezoning...".
Cm. Mack asked if there was radon literature available for the
public's use.
Ms. O'Halloran indieated yes.
Cm. Burnham had concerns regarding the radon issue and asked if
the City would be liable if radon was found on the site.
Mr. Tong indicated that if radon was detected during the
construction stage, then the developer would need to disclose
this information at that time.
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Regular Meeting PCM-8-158 November 20, Z989
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Cm. Burnham re-opened the public hearing. '
Mr. Chris Kinzel, TJKM, made a presentation regarding the traffic
issues on Dublin Boulevard and Silvergate Drive. On the overhead
screen, Mr. Kinzel showed the Commission how the intersection at
Silvergate and Dublin Boulevard would be constructed. The
Traffic Study, as well as Staff, recommended Dublin Boulevard be
redesigned with 4 lanes extended from San Ramon Road to Hansen
Drive. The Study discussed the traffic conditions and needs
presently as well as with the future Hansen Hill and Donlan
Canyon projects and there were ongoing studies involving the West
Dublin area.
Mr. KinZel noted that the Eden CanyonjI-580 interchange and
Schaefer Ranch Road/I-580 interchange were being considered with
the West Dublin studies. If the Schaefer interchange is not
installed, then a signal could be justified.
Mr. Kinzel indicated that he wanted to encourage the use of
Dublin Boulevard and discourage the use of Silvergate Drive. He
indicated that he tried to take into aceount the future
developments and at this stage, traffic volumes were at a
moderate level and would not require a signal.
Cm. Okun asked if the church traffic on Sunday at the
intersection had been taken into account.
Mr. Kinzel indicated that the redesign of the intersection would
eliminate any confusian for entering and exiting the church site.
Cm. Zika asked Mr. Kinzel how long should someone have to wait at
an intersection.
Mr. Kinzel indicated that at an intersection with a signal, such
as Dublin Boulevard and San Ramon Road, yau might wait as long as I
1-1/2 rninutes.
Cm. Zika expressed h~.s concern regarding the stop sign
installation and indicated that he would prefer to see a signal
installed.
Mr. Kinzel indicated that the traffic volumes that would exist in
the future on Dublin Boulevard and Silvergate Drive would fall
short of requiring a traffic signal.
Cm. Burnham asked Mr. Kinzel what the traffic had to get to in
order to accommodate a traffic signal.
Mr. Kinzel speculated that the traffic would have to increase
2-1/2 to 3 times before warranting a traffic signal.
Mr. Kinzel indicated that the Public Works Director could
determine what the percentage of cost would be to the Applicant
Regular Meeting PCM-8-159 November 20, 1989
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The Planning Commission continued the item indefinitely.
NEW OR UNFINISHED BUSINESS
Mr. Tong indicated that the Commission had asked if they were
allowed to amend the date of a Planning Commission meeting. He
indicated that the existing Planning Commissian Rules of
Procedures allows the Commission to change the date of a
Commission meeting with proper notification.
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OTHER BUSINESS
Mr. Tong indicated that Staff had pre-notiGed the Hansen Hill
application and the City Council will be discussing the item at
their meeting of November 27th.
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PLANNING COMMISSIONERS' CONCERNS
None
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ADJOURNMENT
There being no further business, the meeting was adjourned at
9:15 p.m.
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Respectfully ubmitted~
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Planning Commiss' ~h~irperson
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Laurence L. Ton
Planning Directo
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Regular Meeting PCM-8-162 November 20, 1989