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HomeMy WebLinkAboutPC Minutes 07-16-1990 ~ ~ f i e Reqular Meetinq - July 16, 1990 A regular meeting of the City of Dublin Planning Commission was held on July 16, 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, Okun, Springer and Zika; Laurence L. Tong, Planning Director; Maureen 0'Halloran, Senior Planner; David Choy, Associate Planner; Charlie Haims, Planning Intern and Gail Adams, Planning Secretary. * * * * 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 Mr. Tong indicated that an addendum to the staff report for Item #8.2 had been distributed to the Commission. The information on the addendum would be discussed during Staff's presentation of Item #8.2. MINUTES OF PREVIOUS MEETING The minutes of July 2, 1990 were approved. ORAL COMMUNICATIONS SUBJECT: Oath of Office - To New Planning Commissioner From the City Clerk Kay Keck, City Clerk, administered the Oath of Office to Carl Springer, the new Planning Commissioner. WRITTEN COMMUNICATIONS None PUBLIC HEARINGS SUBJECT: PA 90-043 Scotsman Conditional Use Permit Renewal request for sellinq, leasinq and exterior storage of Regular Meeting PCM-1990-73 July 16, 1990 [7-16min] . . , mobile office trailers and modular buildings located at I 6085 Scarlett Court I ~ Cm. Burnham opened the public hearing and asked for the staff ' report. Mr. Charlie Haims presented the staff report to the Commission. He indicated that the Applicant was requesting approval to continue the operation of the selling, leasing, and exterior storage of mobile office trailers and modular buildings. He gave a brief background of previous approvals for the site and indicated that Staff recommended approval of the Conditional Use Permit. Cm. Zika had concerns regarding the condition of approval requiring the Applicant to work with Zone 7 in repairing the western portion of the chain link fence on the lot. Ms. O'Halloran indicated that it was the responsibility of the property owner to repair the fence and Staff was requesting that Zone 7 and the Applicant work out the details. She indicated that Staff's Zoning Investigator would check the site to make sure the Applicant has complied with the conditions of approval and the Applicant could be cited for non-compliance. Cm. Zika felt that the condition of the fence could go on forever and would like to see the wording change in the condition of approval to establish a time limit. Mr. Tong indicated that the condition of approval could be adjusted to include a deadline. He indicated that it was the Applicant's responsibility to fix the fence. The Applicant needed to consult with Zone 7 to work out the details. Mr. Thomas Beck, Applicant, discussed the history of the chain link fence. He indicated that the land has slipped away from the cement posts and that he had notified Zone 7 regarding the repair that was needed. He indicated that the fence has been in poor condition for some time and that it needed to be repaired throughout the flood control channel, not just on his property. He distributed photos showing the condition of the fence to the Commissioners. Mr. Beck indicated that other than the concern regarding the fence, he had no other objections to Staff's recommendations. Mr. Tong indicated to the Commission that Zone 7 felt it was the Applicant's responsibility to repair the fence. Staff added a condition of approval indicating that it was the Applicant's responsibility to repair the fence and for the Applicant to work with Zone 7 in accomplishing the repairs. Cm. Okun asked how long it would take to repair the fence and if the entire length of the fence would be repaired. Regular Meeting PCM-1990-74 July 16, 1990 [7-16min] • • Mr. Tong indicated that only a portion of the fence would be repaired and would take approximately 2-3 months. Cm. Okun asked the Applicant if the trucks operating on the premises could have damaged the fence by backing into it. Mr. Beck indicated that he was not sure if the trucks had caused any damage to the fence. He indicated that the dirt was eroding away from the fence posts and that was not caused by trucks. Cm. Barnes asked Staff if the fence covered more than one parcel and if the entire length of the fence needed to be repaired. Mr. Haims indicated yes. Cm. Burnham asked if the City could require Zone 7 to repair the fence. „ Mr. Tong indicated that the City could request Zone 7 to consider repairing the fence. Cm. Zika felt that a condition of approval could be added stating if the Applicant could not work out the problems with Zone 7 within a certain time limit (6-9 months), then the Applicant would be required to fence his entire parcel. Mr. Beck indicated that he was willing to work with Zone 7, but felt that it was Zone 7's responsibility to repair the fence. Cm. Burnham suggested requiring Zone 7 to repair the fence based on unsafe conditions. Cm. Barnes felt that it was not fair to require the Applicant to repair the fence. The fence posts had been damaged by weed growth from the channel and she felt that Zone 7 should take care of the problem. Cm. Zika had concerns regarding the City's liability. Cm. Springer asked Staff who had repaired the other side of the fence and indicated that side of the channel looked well maintained. Mr. Tong indicated that the U-Hau1 Company had repaired that side of the fence. Mr. Tong asked the Commission if he understood that they felt Zone 7 should be required to fix the fence or the Applicant should fence his property. Cm. Okun indicated that Staff should work with Zone 7. He did not want to see the City liable for any unsafe conditions. Regular Meeting PCM-1990-75 July T6, 1990 [7-16min] ~ ~ . , Cm. Burnham closed the public hearing. Cm. Barnes felt that Zone 7 should be responsible for repairing the fence and if not repaired could result in a health hazard. Cm. Okun asked Staff if they have had any discussions with Zone 7. Mr. Haims indicated ~res. He indicated that Zone 7 felt that it was the Applicant's responsibility to repair the fence. Cm. Okun asked if the City Attorney could give Staff advice on the City's liability if the fence was not repaired. Mr. Tong indicated yes. Cm. Burnham felt that the condition of approval should be restricted to a deadline, like nine months. Ms. O'Halloran indicated that the condition of approval currently required the Applicant to repair the fence. After nine months, the Applicant would still be required to repair the fence. On motion from Cm. Okun, requesting Condition #3 to require Zone 7 to be contacted and requested by Staff to fix the fence. After nine months, the Applicant would be responsible for repairing the fence. There was no second to the motion. Cm. Burnham felt that Zone 7 should repair the fence and that it was the City's responsibility to contact Zone 7 and request that the fence be fixed. Cm. Barnes suggested that Condition #3 be eliminated all together and that the City should pursue the problem with Zone 7. Cm. Springer felt that it was not the Applicant's responsibility to repair the fence and concurred with Cm. Barnes. On motion from Cm. Barnes, requesting that Condition #3 be deleted, seconded by Cm. Springer, and with a vote of 3-2, the Planning Commission adopted RESOLUTION NO. 90-040 APPROVING PA 90-043 SCOTSMAN CONDITIONAL USE PERMIT FOR CONTINUED OPERATION OF SELLING, LEASING AND EXTERIOR STORAGE OF MOBILE OFFICE TRAILERS AND MODULAR BUILDINGS LOCATED AT 6085 SCARLETT COURT SUBJECT: PA 90-045 Dublin Town & Country Shopping Center Conditional Use Permit for minor modifications to the existinq Planned Development and Site Development Regular Meeting PCM-1990-76 July 16, 1990 [7-16min] ~ . , Review for exterior modifications to existing buildinqs, a new 2,100 square foot building, a new sign proqram includin a new freestanding siqn, and minor site alterations located at 7214-7308 San Ramon Road Cm. Burnham opened the public hearing and asked for the staff report. Mr. Dave Choy presented the staff report to the Commission. He indicated that the Applicant was requesting a Site Development Review and a Conditional Use Permit for the Dublin Town & Country Shopping Center. In regards to the Addendum that was distributed to the Commission at the beginning of the meeting, Mr. Choy indicated that Staff recommended the application be split into two phases. The first phase being the approval of the Conditional Use Permit and Site Development Review for signage, and the addition of towers on Building A and C. The second phase would be the Site Development Review for the general location of a new structure, the specific location, size and details of the new structure as well as the traffic study would be discussed at a later date. All language regarding Building #D would be deleted from the resolutions. Mr. Dave Choy indicated that Staff recommended approval of the application, as modified. Cm. Zika asked Staff if the City had sold right-of-way land to Public Storage on a previous application approval. Mr. Tong indicated that the City was processing the request. Cm. Burnham asked Staff what the front setback was on the Morey property. Mr. Choy indicated that the front setback was 20 feet from the property line. He indicated that the Applicant would need to acquire excess right-of-way from the City and a lot line adjustment would need to be approved. Mr. Tong indicated that a 20 foot setback is required by the San Ramon Road Specific Plan. Cm. Okun asked why the center was being renamed Strouds Plaza. Mr. Choy indicated that Strouds was the center's major anchor/retailer. Mr. Choy and Cm. Okun discussed the layout of the shopping center. Cm. Okun asked for clarification on the proposed traffic impact fees. Ms. 0'Halloran indicated that impact fees were required when additional buildings were being constructed which would bring on Regular Meeting PCM-1990-77 July 16, 1990 [7-16min] ~ ~ . more traffic congestion. The traffic impact fee portion of the application needed to be noticed twice. The Applicant would pay for any fees identified. Cm. Springer asked what was the scope of the study, what was new about the shopping center. Mr. Choy indicated that one additional building was being added to the center. Cm. Burnham asked why there would be increased traffic. Ms. O'Halloran indicated that with any additional building square footage there was the possibility of additional traffic. Different types of uses generate different amounts of traffic. Cm. Springer asked if Building D would have uses consistent with the current uses of the center. Bruce Burroughs, Applicant, discussed the new building addition with the Commission. He indicated that there was the possibility of new tenants, such as a florist or tuxedo store would occupy the building addition. He indicated that the new building addition had good visibility from San Ramon Road. Mr. Burroughs asked for clarification on the mitigation fees and would the fees change per tenant. Ms. O'Halloran indicated that mitigation fees are paid prior to the issuance of building permits. The fees would not be re- assessed with each use unless there was a new use permit application being approved. Cm. Barnes asked the Applicant if all of the retail space in the center had ever been rented out. Mr. Burroughs indicated no; however, with the new changes, he felt that there would be an increased interest in the center. Mr. Zev Kahn, resident of Dublin, had concerns regardinq the front area of the center. He indicated that some trees had to be removed from the front area because landscaping and sprinkler systems were added and caused them to deteriorate. He requested that the trees be replaced. Mr. Kahn felt that Building D was being built too close to San Ramon Road and would not be aesthetically pleasing. He felt there should be a green belt right-of-way to enhance the area. He referenced the creek area behind the new Public Stora~e building. Cm. Burnham closed the public hearing. Regular Meeting PCM-1990-78 July 16, 1990 [7-16min] • • . Ms. O'Halloran indicated that phase 1(PA 90-045.1) of the project could be approved toniqht (Exhibit B and C) and the Site Development Review could be reviewed at a later date (PA 90- 045.2). Cm. Barnes asked for clarification. Ms. O'Halloran indicated that the Conditional Use Permit would approve a modification to the PD Planned Development, which, if approved, would allow the general location and size of Building D. A landscaping plan and sign program were also being proposed. Cm. Barnes expressed concerns about the location of the new building and felt that the project, as a whole, should be continued to a later date. Cm. Zika and Cm .Okun concurred with Cm. Barnes. Cm. Springer felt that there was enough information to take action on the first phase of the project. Mr. Tong indicated to the Commission that he sensed that they were uncomfortable with Building D. He indicated that the next Planning Commission meeting would be for the East Dublin joint study session which meant all other planning items would have to be discussed on August 20th. Ms. 0'Halloran clarified that all references to Building D could be eliminated from the conditions of approval. Cm. Okun asked the Applicant how he would feel if the Commission denied the construction of Building D. Mr. Burroughs indicated that the retail center needed more visibility. The Strouds retail store would carry a lot of weight and help promote the retail center. On motion from Cm. Zika (deleting all reference to Building D), seconded by Cm. Barnes, and with a vote of 4-l, the Planning Commission adopted RESOLUTION NO. 90-041 APPROVING CONDITIONAL USE PERMIT REQUEST FOR PA 90-Q45 DUBLIN TOWN & COUNTRY ALLOWING MINOR MODIFICATIONS TO THE APPROVED LAND USE AND DEVELOPMENT PLAN RESOLUTION NO. 90-042 ~ APPROVING THE SITE DEVELOPMENT REVIEW CONCERNING PA 90-045 DUBLIN TOWN & COUNTRY ADDITION NEW OR UNFINISHED BUSINESS None Regular Meeting PCM-1990-79 July 16, 1990 (7-16min] ~ ~ OTHER BUSINESS Mr. Tong indicated that the City Council had adopted the Donlan Canyon PD ordinance at their previous meeting. He indicated that the two-lane access road second reading, the revisions to the East Dublin contracts and the Community Profile Brochure would be discussed at the July 23rd City Council meeting. Staff is recommending that there be an East Dublin study session held on the 6th of August in lieu of a regular Planning Commission meeting. PLANNING COMMISSIONERS' CONCERNS Cm. Barnes had concerns regarding the conditions of the water canals throughout the City and requested that Staff communicate with Zone 7. She indicated that The Workbench needed repairs to their parking lot. Cm. Zika asked why an addendum to the Dublin Town & Country staff report had to be done. Cm. Tong indicated that Staff needed time to look at various legal requirements for the project. Cm. Burnham had concerns regarding various illegal signs along the streets, such as sandwich boards. Mr. Tong indicated that he needed specific locations to be able to investigate the problems. Cm. Zika indicated that Nail Design as well as the fish market located in the Shamrock Village Shopping Center were using their vehicles to advertise their businesses. Mr. Tong indicated that these signs have been reviewed and met the sign ordinance criteria. He suggested that the City Council would need to be petitioned to review the ordinance. Cm. Barnes stated that the vehicles were parked at the shopping center over the weekend and felt that this was illegal. Cm. Barnes asked Staff to investigate the sign located on a mound of grass in front of the Amador Auto Center. She asked why there was a sign advertising Torrey Pines located at the Chevron station. Ms. O'Halloran indicated that this sign had not been approved. Cm. Burnham indicated that there were various vehicles with "for sale" signs on them located on Dougherty Road and asked Staff to look into this. There was also a sandwich board being used at the Sherwin Williams site. Regular Meeting PCM-1990-80 July 16, 1990 [7-16min] ~ • . Cm. Okun had concerns with the City's liability regarding Zone 7's water channels. He felt that the City should contact the City Attorney for advice. Cm. Zika and Cm. Barnes requested Staff to gather information regarding typical sign regulations from other cities (i.e., Livermore or Pleasanton) for their review. ADJOURNMENT There being no further business, the meeting was adjourned at 9:45 p.m. Respectively submitted, f' ~ Planning Commissio hairperson Laurence L. Tong Planning Director Regular Meeting PCM-1990-81 July 16, 1990 [7-16min]