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HomeMy WebLinkAboutPC Minutes 11-19-1990 ~ ~ ~ ~ Reqular Meeting - November 19, 1990 A regular meeting of the City of Dublin Planning Commission was held on November 19, 1990, in the Dublin Civic Center Council Chambers. The meeting was called to order at 7:30 p.m. by Commissioner Burnham, Chairperson. * * * * ROLL CALL Present: Commissioners Barnes, Burnham, Springer and Zika; Laurence L. Tong, Planning Director; Maureen O'Halloran, Senior Planner; Carol R. Cirelli, Associate Planner; Ralph Kachadourian, Assistant Planner; Charlie Haims, Planning Intern; and Gail Adams, Planning Secretary. Absent: None * * * * . PLEDGE OF ALLEGIANCE TO THE FLAG Cm. Burnham led the Commission, Staff, and those present in the pledge of allegiance to the flag. ADDITION5 OR REVISIONS TO THE AGENDA None MINUTES OF PREVIOUS MEETING The minutes of November 5, 1990 were approved. ORAL COMMUNICATIONS None 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 opened the public hearing and asked for the staff report. Regular Meeting PCM-1990-110 November 19, 1990 [11-19min) ' ~ • . ~ , Mr. Charlis Haims presented the staff report to the Commission. He indicated there were two existing directional tract signs located in close proximity of the proposed sign. Staff recommended denial of the proposed sign in that the sign was not necessary for providing direction to the Kildara project. Mike Engel, representative for the developer, indicated that there have been complaints from interested buyers that the Kildara project was difficult to locate. A sign at the proposed location would help individuals locate the project more easily. Cm. Zika asked Mr. Engel if he was willing to give up one of the existing signs in order to have the proposed sign. Pat Burke, representative for the developer, indicated that the Kildara project was set back from San Ramon Road and was difficult to find. In order for the proposed sign to be located on the vacant lot, the site would need to be cleaned up, which would upgrade the appearance of the area. Cm. Zika asked Staff if temporary open house signs could be allowed on the weekends. Mr. Tong indicated that open house signs were restricted to a smaller size. The signs would need property owner approval and could not be located on any public right-of-way property. Mr. Engel indicated that open house signs would not be acceptable. Cm. Burnham indicated that there were too many signs already. Mr. Engel indicated that if the Commission had concerns regarding the developer having three directional tract signs, it would be possible for them to eliminate one of the existing signs. Cm. Burnham closed the public hearing. Cm. Barnes felt that a third sign should not be allowed. It would not matter how many additional signs there were, the real estate market was very slow and the developer would still do the same amount of business. Cm. Zika felt that if the developer could eliminate one of the existing signs, he would not have a problem with the proposed sign. Cm. Springer felt that it was hard to find the project and had no concerns with the additional sign. Cm. Burnham asked Staff how large the open house signs were. Mr. Tong indicated that open house signs were allowed up to 4 square feet. He indicated that an option the Commission could Regular Meeting PCM-1990-111 November 19, 1990 [11-19min] , ~ ~ . look into would be to exchange one of the existing signs for the proposed one. The Commission indicated their general concensus was to allow the developer a choice of two signs and continued the item to the December 3, 1990 meeting to allow Staff to make changes to the conditions of approval. SUBJECT: PA 90-090 J. Patrick Land Co. Tentative Map Extension recruest for previously approved Tentative Map Tract g pproximatelv 13.3 acres within the PD, 5900 totalin a Planned Development District located at 5971 Dougherty _ . Road Cm. Burnham opened the public hearing and asked for the staff report. Mr. Ralph Kachadourian presented the staff report to the Commission and indicated that Staff was recommending approval of the resolution with modifications to Conditions #3 through #8 of the previous approved Tentative Map Tract 5900. Cindy Lee, Applicant, indicated that she had worked very closely with the City Staff. She said there were seven different parcels involved with the project and would like to hold off with any development until the Dublin Boulevard Extension was underway. She indicated that she was in agreement with Staff's recommendations and modifications to Conditions #3 through #8. Cm. Burnham closed the public hearing. On motion from Cm. Zika, seconded by Cm. Springer, and with a vote of 4-0, the Commission adopted RESOLUTION NO. 90-063 APPROVING PA 90-090 J. PATRICK LAND CO. TENTATIVE MAP EXTENSION, TRACT 5900 AT 5971 DOUGHERTY ROAD SUBJECT: PA 90-079 Shamrock Ford Conditional Use Permit/Site Development Review request for a 5,060 square foot expansion of the existing dealership buildinq located at 7499 Dublin Boulevard Cm. Burnham opened the public hearing and asked for the staff report. Ms. O'Halloran presented the staff report to the Commission. She indicated that the Applicant had some concerns regarding the proposed traffic impact fee and TJKM, the City's traffic consultants, were present to answer any questions. Ms. O'Halloran indicated that Staff was recommending approval of the Conditional Use Permit and Site Development Review subject to the conditions specified in the draft resolutions. Regular Meeting PCM-1990-112 November 19, 1990 [11-19min] • ~ ~ Cm. Springer stated that he would need to abstain because of possible conflict of interest on the proposed project. Cm. Burnham referred ta the two-year extension approved on January 5, 1990. He asked Staff what the extension was for and why the item had not been approved by the Planning Commission. Ms. O'Halloran indicated that the extension was for PA 86-107 which was approved by the Commission on October 20, 1986. Mr. Tong indicated that a public hearing was not required; only Planning Director approval. Cm. Zika referred to the October 30, 1990 traffic study and asked TJKM's representative what type of inethodology had been used. Gerri Langtry, TJKM, indicated that daily traffic calculations were used at the specific site and all three driveways had specific counts. She calculated that l~~ of the p.m. peak hour trips would equal 270 trips per day; times 2~ of the cost of widening Dublin Boulevard would equal a$14,618 traffic impact fee. Craig Coldwell, Shamrock Ford, clarified that the addition would add 6,360 square feet to the existing facility instead of 5,060. He requested that he be allowed more than a year on the building permit because there was a possibility that the project would be postponed. He also requested that he be allowed to work with the Dougherty Regional Fire Authority {DRFA} regarding the requirement for a fire hydrant since the new addition would be required to be sprinklered. Mr. Tong indicated that DRFA would need to make that decision. Mr. Coldwell indicated that he could discuss the approvals with DRFA. Cm. Burnham felt there this would not be a problem. Ms. O'Halloran indicated that Condition #20 could be modified by taking out the word "following". Mr. Coldwell expressed his concerns regarding the traffic study. He felt that the daily trip calculations were too high and asked how the traffic consultant came up with 270 daily trips. Cm. Burnham asked the Applicant how many additional trips he felt ~ would be generated by the additional facility. Mr. Coldwell felt that there would be a maximum of 50-60 daily trips generated. Regular Meeting PCM-1990-113 November 19, 1990 [11-19min] • ~ Ms. Langtry of TJKM indicated the 270 trips per day figure was based on the consultant's standard study of on-site traffic counts. Mr. Coldwell indicated that there were employees and trucks exiting and entering the premises. He asked that the project be approved tonight with the traffic consultant re-evaluating the ~ figures. Cm. Zika indicated that he was hesitant to approve the project without the traffic figures. He felt that the item should be postponed until the traffic figures were looked into. Cm. Burnham felt that the traffic study was not self-explanatory and suggested that TJKM should discuss the calculations with the Applicant. Mr. Tong suggested that the Commission continue the project so that Staff, TJKM and the Applicant could review and clarify the traffic study information. The Planning Commission continued the item to the December 3, 1990 meeting. SUBJECT: PA 90-066 Chevron Conditional Use Permit/Site Development Review request to construct a new Chevron service station including a food mart/car wash facilitv at 5933 Dougherty Raad (continued from the November 5, 1990 Planninq Commission meeting) Cm. Burnham opened the public hearing and asked for the staff report. Ms. Carol Cirelli presented the staff report to the Commission. She indicated that Staff was recommending denial "without prejudice" due to the inability to make affirmative findings for the project, and recommended that the Commission request the City Council to initiate a General Plan Amendment Study for Scarlett Court. Cm. Springer stated that he would need to abstain because of possible conflict of interest on the proposed project. Mr. Harvey Levine, 7020 Koll Center Parkway, indicated that he was unhappy with the recommendation of denial; however he understood Staff's position. He introduced Mr. Scudder and Mr. Wahlen, the Applicants. Mr. Wahlen described the proposed service station and indicated that he was available to answer any questions that the Commission might have. Mr. Levine passed out documentation to the Commission regarding his comments and concerns. He indicated that the site was Regular Meeting PCM-1990-114 November 19, 1990 [11-19min] ~ • appropriate for a service station because it was connected with a major commuter intersection and there were no residential neighborhoods in the area. The lease for the property would be up in two years and he felt that a service station would be appropriate for the site. Mr. Levine disagreed with the Staff's findings. He indicated that there was a need for an additional service station because there would be more cars in the future commuting from the East Dublin area. He felt that the new station would not result in health or safety hazards because the fuel tanks are required to be double walled and were much safer than the old designs. He stated that the area is designated as Business Park Industrial/ Outdoor Storage and that the project is not inconsistent with the General Plan because service stations are considered an outdoor retail related use. Mr. Tong directed the Planning Commission's attention to page 5 of the Dublin General Plan. Copies of page 5 were distributed to the Planning Commission and Applicant. He said that the General Plan clearly considers service stations as retail uses and includes °service stations" as a specific example in the "Retail/Office' description. They are outdoor retail uses, just as drive-in restaurants are considered outside retail uses. Retail uses conducted outdoors should not be confused with "outdoor storage" uses. The General Plan describes "Business Park/Industrial: Outdoor Storage" use to include 1) mobile home storage, 2) construction material storage, 3) automobile dealerships, and similar uses where goods or materials are stored outdoors. The General Plan designation for the proposed site is "Business Park/Industrial: Outdoor Storage", so the proposed service station would be inconsistent with the General Flan. If the General Plan was amended so that the progosed site was designated "Retail/Office", a service station use could be consistent. Al1 existing service stations in the City are located in areas designated in the General Plan for "Retail/Office" or "Retail/Office and Automotive" use. Mr. Tong also restated that there was less need overall for another service station and that there were two service stations in the immediate vicinity handling highly flammable and hazardous liquids. Adding a third service station would increase the potential for a hazardous spill or accident. Mr. Tong recommended that the Commission adopt the resolutions denying the proposed development and request the City Council to initiate a General Plan Amendment for the Scarlett Court area so that Staff could study the retail potential for the area or ather appropriate uses. Regular Meeting PCM-1990-115 November 19, 1990 [11-19min] s • Cm. Burnham closed the public hearing. Cm. Zika agreed with Staff's recommendations; however did not agree that the service station would cause any significant safety hazard. He suggested that Staff discuss the situation with DRFA. Cm. Barnes concurred with Staff's recommendations. Cm. Burnham agreed that there is a decline in the amount of existing service stations in the city; however disagreed that the proposed station would be a safety hazard. He suggested a thorough study be done of the vicinity. Mr. Tong indicated that the City Attorney reviewed the findings and deemed them legally adequate. The propased General Plan Amendment could be completed in approximately one year. Staff was recommending denial of the proposed project, without prejudice. The Applicant could come back after the General Plan Amendment within the year with the same proposal. On motion from Cm. Zika, seconded by Cm. Barnes, and with a vote of 3-0 (one abstained), the Commission adopted RESOLUTION NO. 90-064 DENYING PA 90-066 CHEVRON CONDITIONAL USE PERMIT/ SITE DEVELOPMENT REVIEW AT 5933 DOUGHERTY ROAD SUBJECT: PA 90-074 Chrysler Realty Corporation Auto Sales and Service Conditional Use Permit to allow the operation of an auto sales and service facility located at 6451 Scarlett Court (cantinued from the November 5, 1990 Planning Commission meeting) Cm. Burnham opened the public hearing and asked for the staff report. Ms. Carol Cirelli presented the staff report to the Commission. The proposed construction of the Dublin Boulevard Extension would have a severe impact on the use of the proposed project; therefore, Staff is recommending only a one-year extension of the Conditional Use Permit for this site. Tom Sholes, Applicant, referred to Condition #1 and inquired whether this was a factual statement. On Condition #15 he requested a longer extension period for the Conditional Use Permit. Cm. Zika asked Staff if there would be relocation fees for the new tenant. Cm. Burnham asked Staff if Condition #15 could be reworded to allow the use until the Dublin Boulevard Extension was constructed. Regular Meeting PCM-1990-116 November 19, 1990 [11-19min] _ ~ ~ Mr. Tong indicated that the right-of-way for the Dublin Boulevard Extension had been adopted by the City and is part of the Capitol Improvement Program. The timing of the roadway project is not definite; it is tentative and subject to additional City Council action, however, Staff recommends against a longer time frame. If the Applicant was proposing improvements to the site and building, the right-of-way ordinance would have required dedication and improv~ments to the roadway. The applicant is nat proposing any major site improvements. He is proposing to use the site basically "as is". Staff believes the recommended time frame to be appropriate. Mr. Sholes indicated that it is difficult to find a potential lessee with such a short lease option. Cm. Burnham closed the public hearing. On motion from Cm. Springer, seconded by Cm. Barnes, and with a vote of 4-0, the Commission adopted RESOLUTION NO. 94-065 APPROVING PA 90-074 CHRYSLER REALTY CORPORATION AUTO SALES AND SERVICE CONDITIONAL USE PERMIT AT 6451 SCARLETT COURT NEW OR UNFINISHED BUSINESS None OTHER BUSINESS Mr. Tong indicated that the City Council would discuss the Donlan Canyon/LAFCO approval for the "enabling ordinance" at their next scheduled meeting. PLANNING COMMISSIONERS' CONCERNS Cm. Barnes remarked that there were "models open" signs located in the mud on Dougherty Road, north of Amador Valley Boulevard, next to the Village projects and asked Staff to look into the situation. Mr. Tong noted the concern. Cm. Zika indicated that Staff seemed to be inconsistent with the way the zoning history was being typed on the staff reports. It would be easier to read if the history was typed in ascending order. Cm. Burnham had concerns regarding garage sale signs. He felt that the maintenance crew should not tear them down. If they were going to remove them, then the crew should be removing all Regular Meeting PCM-1990-117 November 19, 1990 . [11-19min) . • ! , types of illegal signage, such as festivals and/or missing children posters. Mr. Tong indicated that the missing children posters were official public notices. The maintenance crews only deal with signs in the vicinity of where they are working and he was not aware of any festival signs. Cm. Burnham felt that the signs were tacky. Mr. Tong stated that people who were concerned about the sign regulations should request that it be changed. Cm. Springer asked Staff what the status was regarding his "conflict of interest" position. Mr. Tong indicated that the Fair Political Practice Commission has not responded to the City Attorney's communications as of yet. Cm. Barnes asked what the status of the new City Councilmembers appointing new Commissioners. Mr. Tong indicated that the new council members could be taking their seats at the next City Council meeting. The Planning Commission elections can be postponed until the new appointees have been selected. ADJOURNMENT There being no further business, the meeting was adjourned at 9:30 p.m. Respectivel submitted, i ~ R anning o' is on Chairperson ~ Laurence L. Tong Planning Director Regular Meeting PCM-1990-118 November 19, 1990 [11-19minJ