HomeMy WebLinkAboutPC Minutes 12-17-1990 ~ ~ ~ ~
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Regular Meetinq - December 17, 1990
A regular meeting of the City of Dublin Planning Commission was
held on December 17, 1990, in the Dublin Civic Center Council
Chambers. The meeting was called to order at 7:30 p.m. by
Commissioner Burnham, Chairperson.
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ROLL CALL
Present: Commissioners Barnes, Burnham, and Zika; Laurence L.
Tong, Planning Director; Maureen O'Halloran, Senior Planner;
Carol R. Cirelli, Associate Planner; Ralph Kachadourian,
Assistant Planner; Bob Schubert, Planning Consultant; Charlie
Haims, Planning Intern; and Gail Adams, Planning Secretary.
Commissioner Rafanelli was present; however, not sworn in as a
Commissioner until after the roll call was over.
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PLEDGE OF ALLEGIANCE TO THE FLAG
Cm. Burnham led the Commission, Staff, and those present in the
pledge of allegiance to the flag.
ADDITIONS OR REVISIONS TO THE AGENDA
None
MINUTES OF PREVIOUS MEETING
The minutes of November 19, 1990 were approved.
ORAL COMMUNICATIONS
6.1 Oath of Office for New Planninq Commissioner. '
Kay Keck, City Clerk, administered the oath of office to Ralph
Rafanelli, the new Planning Commissioner. She congratulated him
on his appointment.
6.2 Election of Officers
Mr. Tong indicated that the Planning Commission Rules of
Procedures provided that officers be elected at the first meeting
in December of each year. Since there was a vacancy on the
Commission, the Commission could postpone the election of
officers until there was a five member board. If the Commission
wanted to proceed with the election of officers, Staff
Regular Meeting PCM-1990-119 December 17, 1990
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recommended that the Commission elect a Chairperson, Vice-
Chairperson and appoint the Planning Director as Secretary.
Cm. Zika asked when Councilmember Howard would be appointing a
Commissioner.
Mr. Tong indicated that it could be in January or as late as
February.
The Commission decided to proceed with the election of officers.
Cm. Barnes nominated Cm. Burnham to be the Chairperson, Cm. Zika
seconded, and with a unanimous vote, Cm. Burnham was elected
Chairperson.
Cm. Barnes nominated Cm. Zika to be the Vice-Chairperson, Cm.
Rafanelli seconded the motion, and with a unanimous vote, Cm.
Zika was appointed Vice-Chairperson.
Cm. Zika nominated the Planning Director as Secretary and with a
unanimous vote, Mr. Tong was elected Secretary.
WRITTEN COMMUNICATIONS
None
PUBLIC HEARINGS
SUBJECT: PA 90-095 Kildara Directional Tract Siqn Conditional
Use Permit request to allow one 4'x8' Directional Tract
Siqn located at 7348 San Ramon Road
Cm. Burnham reopened the public hearing and asked for the staff
report.
Mr. Charlie Haims stated that this public hearing had been
continued from the November 19th meeting in order for Staff to
draft a resolution approving the project.
Mr. Haims indicated that Condition #2 states that the Applicant
would be required to remove the directional tract sign located on
San Ramon Road at Dublin Boulevard in order to have the proposed
sign located at 7348 San Ramon Road.
Staff recommended approval of the Conditional Use Permit as shown
on the draft resolutions (Exhibit B).
Doug Millsap, Applicant, supported Staff's conditions of
approval.
Cm. Burnham closed the public hearing.
On motion from Cm. Zika, seconded by Cm. Barnes, and with a vote
of 3-0 (Cm. Rafanelli abstained), the Commission adopted
Regular Meeting PCM-1990-120 December 17, 1990
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RESOLUTION NO. 90-066
APPROVING PA 90-095 KILDARA CONDITIONAL USE PERMIT FOR USE OF A
DIRECTIONAL TRACT SIGN LOCATED AT 7348 SAN RAMON ROAD
(APN 941-44-3-2)
SUBJECT: PA 90-079 Shamrock Ford Conditional Use Permit/Site
Development Review request for a 5,060 square foot
expansion of the existinq dealership buildinq at 7499
Dublin Boulevard. Im osition of traffic impact fees as
a condition of~approval will be con~sidered (continued
from the November 19, 1990 Planning Commission meeting)
Cm. Burnham asked for the Staff Report.
Mr. Bob Schubert indicated that the public hearing was continued
from the November 19th meeting in order for the Applicant to
provide additional information regarding the traffic impact study
and fee. The Applicant had submitted additional information
regarding the traffic trips/counts and the draft resolution had
been revised.
Mr. Schubert indicated that Condition #1 of the Site Development
Review resolution had been changed to state that construction
should commence within twelve months, instead of six months,
after approval of this application. Condition #23 of the same
resolution indicated a reduction of traffic impact fees to
$6,212.
Staff recommended approval of the application subject to the
revised conditions.
Cm. Zika asked if TJKM, the City's traffic consultant, had done
another traffic count.
Mr. Schubert indicated no, the Applicant had provided the City
with additional data in regards to the daily traffic generated at
the facility.
Gerri Langtry of TJKM remarked that the projected daily trips of
270 had been reduced according to the additional data presented
to her by the Applicant and City. Because the daily trips had
been reduced, the impact fee was reduced as well.
Cm. Zika had concerns regarding the reduction in traffic fees.
He indicated that the city needs money to make improvements to
Dublin Boulevard. He felt that it would not be fair to change
the criteria for each proposed project. The City should stick
with the same method. He asked who was paying for the traffic
study.
Staff indicated that the Applicant was paying for the processing
of the application.
Regular Meeting FCM-1990-121 December 17, 1990
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Mr. Tong indicated that Staff recognized the Commission's
concerns and shared those concerns as well. He stated that there
were meetings being held at the City offices regarding this item.
We need to establish a more definite methodology. This problem
has occurred on several occasions.
Craig Coldwell, Applicant, had no problems with the revised
conditions of approval and hoped the Commission would approve the
use permit.
Cm. Burnham closed the public hearing.
On motion from Cm. Barnes, seconded by Cm. Zika, and with a vote
of 3-0 (Cm. Rafanelli abstained), the Commission adopted
RESOLUTION NO. 90-067
APPROVING PA 90-079 SHAMROCK FORD CONDITIONAL USE PERMIT TO
EXPAND THE EXISTING AUTO DEALERSHIP USE WITH A 5,060 SQUARE FOOT
BUILDING ADDITION AT 7499 DUBLIN BOULEVARD
RESOLUTION NO. 90-068
APPROVING PA 90-079 SHAMROCK FORD SITE DEVELOPMENT REVIEW
APPLICATION TO EXPAND AN EXISTING BUILDING BY 5,060 SQUARE FEET
AT 7499 DUBLIN BOULEVARD
RESOLUTION NO. 90-069
. IMPOSING A TRAFFIC IMPACT FEE ON PA 90-079
SHAMROCK FORD AT 7499 DUBLIN BOULEVARD
SUBJECT: PA 90-101 Images Conditional Use Permit request to
allow an existinq 4'x8' Directional Tract Sign for the
subdivision located on the vacant parcel on the east
side of San Ramon Road, north of the Chevron Service
Station and Dublin Boulevard
Cm. Burnham opened the public hearing and asked for the staff
report.
Mr. Ralph Kachadourian presented the staff report to the
Commission. Staff recommended approval of the Conditional Use
Permit for a 4'x8' directional tract sign.'
Doug Millsap, Applicant, supported the Staff's recomrnendations
and hoped the Commission would approve the Conditional Use
Permit.
Cm. Burnham closed the public hearing.
On motion from Cm. Rafanelli, seconded by Cm. Zika, and with a
vote of 4-0, the Commission adopted
RESOLUTION NO. 90-070
APPROVING PA 90-101 "IMAGES" CONDITIONAL USE PERMIT FOR CONTINUED
USE OF A DIRECTIONAL TRACT SIGN LOCATED ON THE EAST SIDE OF SAN
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RAMON ROAD, NORTH OF DUBLIN BOULEVARD ADJACENT TO THE CHEVRON
STATION (APN 941-305-34)
SUBJECT: PA 90-102 Imaqes Conditional Use Permit renewal for an
existinq 4'x8' Directional Tract Sign for the
subdivision located at 11960 Silverqate Drive
Cm. Burnham opened the public hearing and asked for the staff
report.
Mr. Ralph Kachadourian presented the staff report to the
Commission. He indicated that the existing directional tract
sign was located in the public right-of-way as shown on the staff
study dated December 17, 1990, which had been given to the
Commission at the beginning of the meeting. The staff study also
~ shows alternate locations which were consistent with the City's
policies.
Staff recommended approval of the Conditional Use Permit with
Condition #2 being changed to state "The sign will be a maximum
of 64 square feet double faced (32 square feet per side) and a
maximum height of 12 feet".
An additional condition would also be added to read "Within
thirty (30) days of the effective date of this approval; the
Applicant shall remove the existing sign from within the public
right-of-way and shall relocate the sign to the landscape area as
shown by the attached study of December 17, 1990 (Exhibit A).
Doug Millsap, Applicant, agreed to move the sign to the new
location.
Cm. Barnes asked Staff how could the signs have been allowed in
the public right-of-way.
Ms. O'Halloran indicated that the plans showed the sign on the
actual property; however someone had physically located them in
the wrong area.
Cm. Burnham clased the public hearing.
On motion from Cm. Zika, with changes to Condition #2 and adding
an additional condition as stated above, seconded by Cm. Barnes,
and with a vote of 4-0, the Commission adopted
~ RESOLUTION NO. 90-071
APPROVING PA 90-102 IMAGES CONDITIONAL USE PERMIT FOR CONTINUED
USE OF A DIRECTIONAL TRACT SIGN LOCATED AT 11960 SILVERGATE DRIVE
SUBJECT: PA 90-081 United Hands Environmental Center Conditional
Use Permit and 5ite Development Review request to
operate a recyclinq facility and food distribution
center and to allow outdoor storaqe located at 6488
Sierra Court
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Ms. Carol Cirelli indicated that Staff had been informed by the
property owners that they had concerns regarding the outdoor
storage of recycling materials. Staff cannot continue processing
the application without written authorization from the property
owners regarding the Applicant's request to operate a recycling
facility which includes outdoor storage.
Staff was recommending continuance of the item to the January 22
Planning Commission meeting (instead of the January 7th meeting
as stated in the staff report). Since the public hearing notice
had been published, Staff recommended the Commission open the
public hearing, accept any public testimony, and continue the
item to the January 22nd meeting.
Cm. Burnham opened the public hearing and asked if there was any
public testimony.
Brian Storiety, had concerns regarding the hazardous materials
that were being stored on the site. He asked why the company was
' operating without a use permit. He requested that the Staff
and/or Commission should take a ride over to the site and take a
look at the condition of the site.
Mr. Tong stated that the City's Zoning Investigator had been
aware of the operation and was in contact with the Applicant.
The Applicant had taken the correct steps in order for Staff to
proceed with the review of the application. The Applicant was
proceeding in good faith. An enforcement action to csase
operations would take place if the correct procedures were not
progressive.
Mr. Storiety felt that this was not good enough, the Applicant
should have the proper permits in order to operate his business.
Cm. Zika indicated that Staff had not mention in the staff repart
that the business was already operating.
Ms. Cirelli indicated that the property owner and Applicant had a
lease agreement allowing recycling operation inside the building.
A meeting took place with the property owner, Applicant and Staff
in October and everyone was in agreement with the operation,
which includes the outdoor storage of recyclable material in the
truck trailers and bins. However, there is no written
authorization from the property owner allowing the use on the
site. Staff became aware that some of the tenants were
displeased with the recycling operation. At that time, Staff
made an effort to contact the property owner.
Cm. Zika asked how long had the business been in operation.
Ms. 0'Halloran indicated that the application was received on
September 13th. Prior to that date, Staff inet with the Applicant
to review the Conditional Use Permit application process. The
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business had started prior to applying for a Conditional Use
Permit.
Cm. Zika reiterated that 4 months had gone by and the Applicant
was still operating without a permit.
Ms. Cirelli indicated that the property owner was aware of the
hazardous waste. The property owner was in the process of trying
to decide what type of recyclable materials the Applicant should
be allowed to store on the premises.
Cm. Zika asked Staff if the property owner decides not to
authorize the use, how does the City take enforcement action.
Ms. O'Halloran indicated that the Planning Commission would need
to disapprove the application, then a warning notice would be
given to the Applicant and Property Owner giving them 15 days to
vacate the premises. After the initial 15 days, a citation can
be issued each day thereafter. The Commission could direct Staff
to proceed with the enforcement actions sooner.
Cm. Zika stated that he would like to see enforcement action to
proceed.
Cm. Barnes asked Staff if, at one time, the property owner -
appeared to approve the use.
- Ms. Cirelli indicated that based upon the meeting between Staff,
the Applicant and Property Owner, Staff had assumed that the
property owner was in consent with the proposed use and
application request.
Cm. Zika asked Staff if they had been in contact with the
property owner in person.
Ms. Cirelli indicated that Staff inet with the property owner and
applicant. The use was described to the property owner and the
property owner decided that there was no outdoor storage even
though Staff considered the use to be an outdoor storage use.
Cm. Zika asked if there was any way to know that there were
hazardous materials being stored on the site.
Ms. Cirelli indicated that Staff was in constant contact with the
property owner and Alameda County Health Department. The County
had concerns with the used motor oil on site.
Cm. Rafanelli asked Staff if the property owner hesitated to give
a written authorization.
Ms. Cirelli indicated that the property owner had concerns
regarding the operation and thouqht the Applicant was going to be
operating the recycling facility and food distribution center
inside the building.
Regular Meeting PCM-1990-125 December 17, 1990
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Cm. Rafanelli felt that a deadline should be put on the property
owner.
Ms. Cirelli indicated that the property owner was presently on
vacation and Staff would continue to get in touch with the owner.
Cm. Barnes felt that the property owner gave their consent when
they started accepting rent from the Applicant. She reguested
that Staff try to contact the property owner as soon as possible,
Cm. Burnham indicated that he was willing to give the Applicant
and Property Owner a chance. He was concerned about the business
operating without proper permits.
Cm. Zika preferred to send a warning notice, timing the
enforcement date to the Commission's January 22nd meeting. If
all the appropriate paperwork has not been processed, a citation
should be issued. He felt that the property owner needed a
little push.
Cm. Burnham agreed with Cm. Zika.
Cm. Rafanelli indicated that the City has been more than generous
to the Applicant and Property Owner.
Mr. Tong indicated that Staff would proceed as the Commission
. requested.
The Commission continued the item to the January 22nd meeting.
NEW OR UNFINISHED BUSINESS
None
OTHER BUSINESS
Mr. Tong reminded the Commission that an East Dublin joint
meeting would be held on December 18th in the Regional Meeting
Room.
PLANNING COMMISSIONERS' CONCERNS
Cm. Barnes indicated that the Amador Oaks project had signs
posted on Dougherty Road on the weekend of December 8th. The
signs were about 15 feet apart and had the words "for rent" on
them.
Mr. Tong indicated Staff would look into the problem.
Cm. Zika requested that Staff add more background information in
the staff reports. He referred to the United Hands project in
which the staff report did not indicate that the business was
already in operation. '
Regular Meeting PCM-1990-126 December 17, 1990
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Cm. Zika requested that standard criteria be set up for assessing
traffic fees.
Mr. Tong indicated that the City was preparing a traffic fee
ordinance. The Planning and Public Works Staff were meeting
frequently concerning this issue. Staff concurred with the
Commission on this concern.
Cm. Zika asked what the time line was on adopting the ordinance.
Mr. Tong indicated that Staff was already working on the traffic
study - the methodology was already in place. The ordinance
would look at similar land uses. Once the ordinance was in
place, it would apply to all applications.
Cm. Burnham had concerns with the traffic study prepared by TJKM.
It did not seem fair to have only a one-day traffic count and
there was no dialogue between TJKM and the Applicant. They
should work together.
Mr. Tong indicated that the first data did not apply to this
project and this resulted in a reduction in fees. The
methodology was sound.
Cm. Barnes suggested that training classes be given to the
Commission when the Commission had a 5 member board. She asked
what the dates were for the next Planning Commission Institute.
Mr. Tong indicated that the preliminary dates were March 20th
through 23rd and would be located in Monterey.
Cm. Zika wished everyone a Happy Holiday.
Cm. Barnes indicated that she liked the art work located at the
Civic Center.
ADJOURNMENT
There being no further business, the meeting was adjourned at
9:00 p.m.
Respectively su mitted,
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Planning Commissio Chairperson
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Laurence L. Tong
Planning Director
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