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HomeMy WebLinkAboutPC Minutes 08-06-1990 w ~ ~ , , Regular Meetinq - Auqust 6, 1990 A regular meeting of the City of Dublin Planning Commission was , held on August 6, 1990, in the Dublin Civic Center Council , Chambers. The meeting was called to order at 7:30 p.m. by Commissioner Zika, Vice-Chairperson. ' * * * * ROLL CALL Present: Commissioners Barnes, Springer and Zika; Maureen 0'Halloran, Senior Planner; Carol Cirelli, Associate Planner; Ralph Kachadourian, Assistant Planner; Charlie Haims, Planning Intern; David Choy, Associate Planner; and Gail Adams, Planning Secretary. * * * * PLEDGE OF ALLEGIANCE TO THE FLAG Cm. Zika led the Commission, Staff, and those present in the pledge of allegiance to the flag. ADDITIONS OR REVISIONS TO THE AGENDA Ms. O'Halloran indicated that the Commission had received resolutions at tonight's meeting for Item #8.5 and Staff was no longer recommending that the Commission continue the item. MINUTES OF PREVIOUS MEETING The minutes of July 16, 1990 were approved. ORAL COMMUNICATIONS None WRITTEN COMMUNICATIONS None PUBLIC HEARINGS SUBJECT: PA 90-057 Raether Second Dwellinq Unit Conditional Use Permit request to construct a detached second unit (720 square feet) on a single family residential lot located at 7634 Turquoise Street Cm. Zika opened the public hearing and asked for the staff report. Regular Meeting PCM-1990-82 August 6, 1990 [8-6min] ' ~ . ' , . Ms. Cirelli presented the staff report to the Commission regarding the construction of a detached second unit. She indicated that Staff was recommending approval per the draft resolutions attached to the staff report. Mr. Cameron, Applicant, indicated that he had originally planned for a setback reduction to 7 feet. He had been told by the Planning Staff that he would need to apply for a Variance and a second public hearing would be needed to discuss the issue. He wanted to avoid going through another public hearing and asked the Commission to consider approving his application with a 7 foot minimum setback instead of 10 feet. The Planning Commission indicated to the Applicant that he would need to apply for a Variance to consider the 7 foot setback and a second hearing would be required. Cm. Zika closed the public hearing. Cm. Zika asked if there would be any concerns if the Applicant cut the slope six inches to accommodate his original plans. Ms. Cirelli indicated no. Mr. Cameron indicated that there was a utility easement on that side of the property. On motion from Cm. Barnes, seconded by Cm. Springer, and with a vote of 3-0 (two absent), the Commission adopted RESOLUTION NO. 90-043 APPROVING PA 90-057 RAETHER SECOND UNIT CONDITIONAL USE PERMIT REQUEST TO ALLOW CONSTRUCTION OF A 720 SQUARE FOOT DETACHED SECOND DWELLING UNIT AT 7634 TURQUOISE STREET 5UBJECT: PA 90-048 Carl's Junior Restaurant Drive-Through Window Conditional Use Permit Renewal request for an existing drive-throuqh window located at 7120 Dublin Boulevard Cm. Zika opened the public hearing and asked for the staff report. Mr. Kachadourian presented the staff report to the Commission regarding the Conditional Use Permit renewal. There were no changes to the original conditions of approval and he indicated that Staff recommended approval of the application. Bruce Williams, Applicant, had no concerns and agreed with Staff's recommendations. Cm. Zika closed the public hearing. Regular Meeting PCM-1990-83 Auqust 6, 1990 [8-6min] ~ ~ ~ ~ On motion from Cm. Springer, seconded by Cm. Barnes, and with a , vote of 3-0, the Commission adopted RESOLUTION NO. 90-048 APPROVING PA 90-048 CARL'S JR. RESTAURANT CONDITIONAL USE PERMIT REQUEST TO OPERATE AN EXISTING DRIVE-THROUGH WINDOW AT 7120 DUBLIN BOULEVARD SUBJECT: PA 90-053 Ki~ldara Siqn Conditional Use Permit Renewal request to allow one 4'x8' Directional Tract Sign on undeveloped property located on the east side of San Ramon Road, north of Dublin Boulevard and the Chevron Station and PA 90-054 Kildara Siqn Conditianal Use Permit Renewal request to allow one 4'x8' Directional Tract Sic~n on undeveloped propert_y located at 11920 Dublin Green Drive Cm. Zika opened the public hearing and asked for the staff report. Mr. Charlie Haims presented the staff reports to the Commission regarding both applications. He indicated the directional tract signs were existing and the Applicant was requesting a Conditional Use Permit renewal for both sites. Mr. Haims indicated that Staff recommended approval of both applications. Cm. Springer asked Staff what would happen if the property owner decided to develop the vacant land. Mr. Haims indicated that the property owner probably had a lease agreement with the sign company. Ms. O'Halloran indicated that any new development would need to apply for Site Development Review at which time Staff would review the location of the signs and the proposed development. Cm. Zika asked how many signs were allowed on one parcel. Ms. O'Halloran indicated that there was no limit on one parcel, however typically the Commission has approved two signs per parcel. The Commission asked if the Applicant was present. Ms. O'Halloran indicated that the Applicant was notified of the public hearing. Staff was under the impression that the Applicant would be attending. However, the Applicant was not , present. Cm. Zika closed the public hearing. Regular Meeting PCM-1990-84 August 6, 1990 [8-6min] > ~ ~ • The Commission felt that the Applicant should have been at the J meeting. They continued the item to the August 20th Planning Commission meeting. SUBJECT: PA 90-055 Dublin Meadows Tentative Tract Map 6335 request to replace the existing Tract 5883 Dublin Meadows, and divide the 16.41 acre site into three separate parcels located at 7149 Dublin Meadows Street Cm. Zika opened the public hearing and asked for the staff report. Mr. Dave Choy presented the staff report regarding the request to split the 16.41 acre parcel into three separate parcels. The Applicant does not propose to modify any of the existing plans. The purpose is for the Applicant to be able to separate financing on each parcel and to allow occupancy of the completed parcels prior to completion of the entire project. Mr. Choy indicated that the City of Dublin had received complaints from some of the property owners at the adjacent Heritage Commons project regarding contractors working before and after hours. However, there has been no actual proof of this. Staff has requested the Heritage Commons property owners to call the police if this continues. Mr. Choy indicated that the Applicant had some concerns regarding Condition of Approval #54 in City Council Resolution 32-89, establishing PD General Provisions for PA 88-009.2 which requires 10~ of the units to remain as rentals for a minimum period of five years. The Applicant has discussed in lieu fees as an alternative, and may be seeking modification to this condition at a future Commission meeting. Mr. Choy indicated that a Condition of Approval would need to be added requiring the Applicant to be responsible for any damages incurred to the public improvements throughout the project. This condition would be added as #7. Cm. Springer asked for clarification regarding the timing for the creek improvements. Mr. Choy indicated that the Applicant would be required to complete the improvements prior to the completion of the project. The Applicant has a bond on file with the City. The City would retain the bond until all improvements were completed. Cm. Zika indicated that there didn't seem to be any specific time frame for the improvements which meant the project could go on forever. Ms. O'Halloran indicated that the Public Works Department is responsible for the bond and would set a time frame. Regular Meeting PCM-1994-85 August 6, 1990 [8-6min] . , ~ ~ , David Stromberg, JL Construction (Applicant), indicated that Zone 7 requires that the creek improvement be completed by October of 1991. Cm. Zika asked the Applicant if there was a problem with construction workers arriving early and/or leaving late from the job site. Mr. Stromberg indicated that it was known that the Heritage Commons property owners were not happy about the new construction and were a very vocal group. He understood their concerns. He indicated that he had made the rules regarding work hours very clear to the subcontractors. The subcontractors might be arriving early, however there was no work being done. Mr. Stromberg indicated that Ed Zale of the Public Works Department was out at the site on a regular basis and there was no proof that work was being started earlier than what was allowed. He indicated that he would like to accommodate the Heritage Commons property owners as much as possible. Cm. Zika asked if JL Construction would remain the subcontractor. Mr. Stromberg indicated yes, the project was already underway. Cm. Zika asked when the Applicant would begin work on the creek improvements. Mr. Stromberg indicated that they would like to begin before October lst. The bids were being worked on right now. Mr. Stromberg requested that the bond be for the same amount as the estimated cost of improvements. Cm. Zika felt that the bond should be increased to 150~ of the cost for the creek improvements. This would give the Applicant incentive to finish the work. Mr. Stromberg indicated that he had an obligation to the Buyer to complete the project. Cm. Zika closed the public hearing. Cm. Springer asked for clarification regarding Condition of Approval #8 regarding vehicular access. Mr. Choy indicated that this was a fire department standard condition whereby with every 25 units there needed to be at least one access. Where there was 25-74 units, there needed to be two. Cm. Zika asked Staff if they were aware of Zone 7's creek improvement deadline requirements. Regular Meeting PCM-1990-86 August 6, 1990 [8-6min] ' ~ ~ Mr. Choy indicated that the Applicant would be meeting with Zone 7 next week to approve the plans. Cm. Zika asked that there be something in writing. Ms. O'Halloran indicated that the Commission could have language added to indicate a deadline for the improvements. The Commission and Staff discussed the additional language needed. The Commission requested Staff to add language requiring that the creek improvements be completed by October 1991 to Condition #3 of the resolution. Cm. Zika requested the cost of the bond be 150~ of the estimated cost of improvements. Mr. Stromberg indicated that there are reimbursement provisions in the Zone 7 agreement and incentive to complete the improvements already exist. He requested the bond to be 100~ of the estimated cost of improvements. Ms. O'Halloran indicated that Staff has not reviewed this agreement. She indicated that the Public Works Department could issue a bond for 125% of costs which would not be unusual. Cm. Zika requested Staff to add a condition requiring a bond for 125~ of the estimated improvement costs. Cm. Barnes indicated that she drives by the project site every morning and has not seen any construction going on before 7:30 a.m. On motion from Cm. Barnes, with additional language added to Condition #3 and #7 as previously stated, seconded by Cm. Springer, and with a vote of 3-0, the Planning Commission adopted RESOLUTION NO. 90-045 APPROVING TENTATIVE MAP 6335 CONCERNING PA 90-055 DUBLIN MEADOWS SUBJECT: PA 90-021 McDonald's Conditional Use Permit and Site Development Review request to construct an approximate 900 square foot addition to the existinq McDonald's restaurant, a new playground facility and new interior improvements such as handicapped accessible restrooms and kitchen equipment upqrades located at 7145 Dublin Boulevard. Imposition of traffic impact fees as a condition of approval will be considered. Cm. Zika opened the public hearing and asked for the staff report. Ms. Cirelli presented the staff report to the Commission. She indicated that the Commission had received a memo from Staff on August 3, 1990 recommending continuance of this item. The Regular Meeting PCM-1990-87 August 6, 1990 [8-6min] . ~ ~ ~ , traffic impact fees were higher than anticipated and Staff needed , to meet with the Applicant to resolve the issue. Staff recommended the Commission split the application into two phases whereby the Commission would take action on the Site Development Review, Conditional Use Permit and the imposition of a traffic impact fee tonight. The second phase (establishment of the traffic impact fee) would come back at another public hearing. At that time, the Commission could adopt an amended resolution for the establishment of traffic impact fees. Ms. Cirelli indicated that the City Attorney is in agreement with the two phase process. Ms. Cirelli recommended that the second public hearing be held on September 4, 1990. Ms. Cirelli explained conditions of approval #16, 18 and 28 to the Commission and stated that they had been added later to Exhibit C and for this reason were not mentioned in the staff report. She indicated that a representative of TJKM, the City's traffic consultant, was present to answer any questions. Ms. Cirelli indicated that Staff inet with the Applicant this afternoon to discuss the two phase processing, and the traffic impact study. Cm. Barnes asked what 5 foot flat flares were. Ms. Cirelli indicated that the end of driveways would be required to flare out 5 feet to facilitate the movement of vehicles. Cm. Springer asked how many additional seats were being proposed for the site. Ms. Cirelli stated that the indoor seating capacity is currently 48 seats and that this would increase to 102 once the addition is constructed. Richard Jones, Applicant, clarified that the indoor seating capacity would be 102 which included the existing outdoor seating; some of which will be removed with this proposal. Cm. Zika commented that the residents of Dublin should not have to pay for the traffic impacts created by McDonald's. He asked the TJKM representative, Dave Othling, how they had based their $18,000 fee figure. Mr. Othling indicated that the study was based on daily increases in traffic created from standard data used by traffic engineers. The traffic study shows that 2~ of Dublin Boulevard's traffic volume increase would be generated by McDonald's. Therefore, 2~ of the $910,000 cost for traffic improvements would be approximately $18,000. Regular Meeting PCM-1990-88 August 6, 1990 [8-6min) . ~ ~ . ~ Cm. Zika had concerns regarding the traffic volumes on Dublin , Boulevard generated by McDonald's. Cm. Springer asked if the traffic study was based on seating capacity. Mr. Othling indicated that the seating capacity was looked at. Cm. Barnes asked Staff to clarify the seating capacity of McDonald's. Ms. Cirelli indicated that presently there are 48 indoor seats. An additional 54 seats were being added. Cm. Zika closed the public hearinq. Cm. Zika had concerns regarding the traffic impact fees and indicated that he preferred to have the item continued to a later date. Cm. Barnes concurred with Cm. Zika. Ms. 0'Halloran indicated that there was a condition of approval in the Site Development Review resolution requiring that the Applicant pay traffic impact fees. If the project is approved now with the specific amount of the traffic impact fee being reviewed at a later date, this would enable the Applicant to submit structural drawings to the building department for their review and approval. Cm. Zika indicated that he still had concerns regarding the traffic impact study. Cm. Springer indicated that the traffic impacts could be considered a separate issue. The monies could be paid at a later date. Cm. Barnes indicated that if the Commission took action on only one part of the application now, they could be redoing steps. The Applicant may want to reconsider the proposed changes if the traffic impact fees are too high. Ms. O'Halloran concurred that this was a possibility. The Planning Commission continued the item until the September 4th Planning Commission meeting. Cm. Springer requested the traffic consultant to study the traffic impacts based on seating capacity and bring back a comparison at the September 4th meeting. NEW OR UNFINISHED BUSINESS Regular Meeting PCM-1990-89 August 6, 1990 [8-6min] . ` ~ ~ . ~ None ~ OTHER BUSINESS Ms. O'Halloran indicated that there would be a joint Planning Commission/City Council meeting on August 22nd regarding the East Dublin project. Cm. Springer indicated that he would not be able to attend that meeting. PLANNING COMMISSIONERS' CONCERNS Cm. Barnes asked for clarification on the City's sign regulations regarding "for lease" siqns. Ms. 0'Halloran indicated that "for lease" signs can be up to 24 square feet with two per parcel. Only one sign for every 100 feet. There was no time limit. Cm. Barnes asked for the status on information from other City's regarding advertising siqns on vehicles after business hours. Ms. 0'Halloran indicated that Staff has not received the information yet. ADJOURNMENT There being no further business, the meeting was adjourned at 9:05 p.m. Respectively submitted, ~ ~ ~ ~ Planning Commiss on airperson Laurence L. Tong Planning Director Regular Meeting PCM-1990-90 August 6, 1990 [8-6min]