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HomeMy WebLinkAboutPC Minutes 09-16-1991 ~ ~ 'I ~ Regular Meeting - September 16, 1991 A regular meeting of the City of Dublin Planning Commission was held on September 16, 1991, in the Dublin Civic Center Council Chambers. The meeting was called to order at 7:35 p.m. by Commissioner Burnham, Chairperson. * * * * ROLL CALL Present: Commissioners Barnes, Burnham, North, Rafanelli and Zika; Laurence L. Tong, Planning Director; Maureen O'Halloran, Senior Planner; David Choy, Associate Planner; Carol Cirelli, Associate Planner; and Angie Stepp, Recording 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 REVISION TO THE AGENDA None MINUTES OF PREVIOUS MEETING The Minutes of September 3, 1991 were approved with two minor corrections. Cm. Rafanelli was incorrectly named as present instead of Cm. Zika. Under Planning Commissioners' Concerns, Cm. Burnham stated he expressed concern regarding JL Construction's landscaping the creek and not Cm. Zika. ORAL COMMUNICATIONS None WRITTEN COMMUNICATIONS None Regular Meeting PCM-1991-112 September 16, 1991 [9-16] . ~ ~ : PUBLIC HEARINGS SUBJECT: PA 91-061 East-West Karate Conditional Use Permit to allow the operation of a karate school (recreation facility) in a C-2-B-40, General Commercial Combining District Zone located at 7102 Village Parkway Cm. Burnham opened the public hearing and asked for the staff report. Ms. Cirelli presented the staff report to the Commission. Cm. Zika commented that the reason a Conditional Use Permit did not previously exist was discovered when the Applicant applied for a business license; he questioned as to how many more businesses exist like that. Ms. 0'Halloran stated maybe a dozen in which some aspect of the business may require a Conditional Use Permit. Cm. Zika asked if this was a standard procedure when a business license is obtained, that proper permits are checked out. Ms. 0'Halloran stated yes. Mr. Tong stated part of that procedure has been recently facilitated by the development of our new street address filing system. Cm. Burnham questioned as to the correct legal ownership of the property. Mr. Tong stated he believed the City Attorney's office is still investigating the legality of the subdivision. However, according to the assessor's records, Mr. Hucke is the property owner. The Applicant's wife, Ms. Hanamura, was present and stated the use of the facility was the same, only the management had changed in 1982. There were no further questions from the Commissioners. Cm. Burnham closed the public hearing. On motion from Cm. North, seconded by Cm. Rafanelli, and with a vote of 5-0, the Commission adopted RESOLUTION NO. 91-061 APPROVING PA 91-061 EAST-WEST KARATE CONDITIONAL USE PERMIT TO ALLOW THE ESTABLISHMENT OF A KARATE SCHOOL (RECREATION FACILITY) AT 7102 VILLAGE PARKWAY IN A C-2-B-40, GENERAL COMMERCIAL COMBINING DISTRICT ZONE Regular Meeting PCM-1991-113 September 16, 1991 [9-16] # ~ • , NEW AND UNFINISHED BUSINESS SUBJECT: Review of Draft Site Develapment Review Guidelines Cm. Burnham opened the new business and asked for the staff report. Mr. Choy presented the staff report to the Commission. He indicated the guidelines are procedures for the city to protect the public welfare and the environment. He presented a slide show of each major component of design criteria that defined the basic principles of Site Development Review and requested that questions be held to the end of each presentation. He indicated Staff was seeking input and direction from the Commission to forward to the City Council regarding the Site Development Review Guidelines. Site Planning Mr. Choy explained that the site planning policies combine the three major elements of developments: buildings, parking & circulation, and landscape & amenities. Applications are reviewed to ensure that they are compatible, and in proper balance with the existing or proposed area setting. Cm. North questioned the use of deciduous and evergreen trees. Mr. Tong explained that deciduous trees help provide shelter from the sun in the summertime and allow sunlight to filter through during the winter, whereas an evergreen tree might also provide some protection from the rain. Cm. North stated there are certain types of oak trees that do not lose their leaves, nor grow as tall, called a brown oak. He stated if the purpose was to have a tree that provides a canopy of shade, then why not restrict it to one that does not lose its leaves. Mr. Tong explained Staff is seeking a balance between various elements and how well a particular tree would fit into the overall landscaping. Cm. North stated that from an economical point, most deciduous trees are less expensive. Mr. Choy suggested having the deciduous trees located next to the building, whereas you would have shade in the summer and light in the winter. Cm. North stated the leaves of deciduous trees need to be raked and disposed of, causing a lot of problems. Cm. Zika disagreed with Cm. North; he liked trees with leaves on them. He also questioned the distribution of compact parking spaces and asked if there was a ratio of compact parking spaces for businesses. Regular Meeting PCM-1991-114 September 16, 1991 [9-16] ~ i • _ Mr. Choy stated 35% of the required parking spaces for businesses may be designated for compact vehicles. Ms. O'Halloran indicated the Parking Ordinance does not address compact spaces but Staff has been allowing them at a 35~ ratio; this number comes from the condominium guidelines established by the City. Cm. Zika suggested that the compact parking spaces be placed further away from the front of the building. Mr. Tong stated that Staff has attempted to intersperse the compact parking spaces with the regular size spaces so that there is a mixture throughout the parking areas. Cm. Zika stated that the problem is people will park a regular size car in a compact size parking space. Mr. Tong stated that the objective is to mix the compact stalls throughout the parking area to accommodate them and at the same time, discourage the larger cars from parking in a smaller area. Cm. Burnham asked what the difference in size was between a compact and regular parking space. Ms. 0'Halloran indicated a compact parking space is 8' wide and 17' deep as compared to a regular parking space which is 9' wide and 20' deep. Cm. Burnham asked what the advantage is for compact spaces. Mr. Choy indicated that one more space can be squeezed into an area that may be required for a project. He also stated that car sizes are becoming smaller and more people are driving smaller cars. Cms. Burnham and North inquired as to the benefit to the City of compact parking spaces. Mr. Tong indicated that compact parking spaces utilize an area more efficiently such as providing for additional landscaping and pedestrian walkways. Cm. Barnes indicated she hopes that the City does not go above the 350 allotment, because many compact cars currently use regular size parking spaces. She also expressed her preference for using deciduous trees. She stated that many parking lots manage to clean up a lot of other things along with raking up the leaves. She asked what the impact would be by lowering the 35~ compact car allotment, and inquired if landscaping would be sacrificed. Mr. Tong stated that landscaping is not necessarily sacrificed as you would be establishing a lower threshold. Cm. Barnes asked for clarification of double striping of parking spaces. Regular Meeting PCM-1991-115 September 16, 1991 [9-16] ~ • • Mr. Tong indicated that double striping does not effect the parking ~ space size. However, he stated it does effectively help people park their cars within the designated space. Cm. Barnes expressed that the City of Dublin has very adequate parking, and felt a lot of our parking lot problems are due to an insufficient amount of shopping cart rack spaces. Cm. North concurred that there should be more shopping cart rack spaces. Mr. Tong indicated that the space saved by utilizing the compact parking stalls could be used for a shopping cart rack. Cm. Barnes reiterated her request to have more shopping cart racks. Mr. Tong indicated that shopping cart racks would be something to consider as a Site Development Review guideline as the City does not have a shopping cart rack ratio at this point. Cm. North asked if there was a ratio for handicapped parking spaces. Mr. Choy indicated that handicapped parking spaces was handled through the State Title 24 requirements. Mr. Tong concurred that handicapped parking spaces was handled through State law and that there is an actual schedule put out by the State and enforced through the Building Department, both the number as well as the physical signage dimensions. Cm. Rafanelli asked if grading the site for proper drainage falls under the Site Development Review guidelines. Mr. Tong indicated that is something that is checked primarily by the Building and Engineering Departments. The Building Codes require that there is positive drainage around the house at the time it is finalled. However, the homeowner may not account for proper drainage in their landscaping. Cm. North suggested that we make a grading design for spas, patios, and swimming pools to conform to the original grading design. Mr. Tong felt that those three items don't necessarily affect the grading. Cm. North felt that the drainage requirement should be enforced. Mr. Tong indicated that he meant to say that the Building Inspection Department enforces the drainage requirements. He felt the homeowner has a responsibility to provide for positive drainage whether or not a permit was issued. Cm. North indicated that if the City doesn't ensure the drainage is adequate, then who is suppose to do this if it effects the neighbors. The only recourse the neighbor has is to go to civil court. Regular Meeting PCM-1991-116 September 16, 1991 [9-16] ~ ~ ~ ~ Cm. North indicated he felt it was the duty of the City to protect all of the citizens when a building permit is approved. Cm. Burnham asked if there was a difference if you build a pool or plant shrubs and have your water drain into three neighbor's yards. Mr. Tong felt the main difference is the order of magnitude. A spa or gazebo is typically an over the counter permit which can be issued with a minimal amount of paperwork. They are considered accessory structures and are a matter of scale. He indicated if a hameowner is putting in a room addition, then the City's existing policies are that the Building Inspection Division will require the positive drainage because it is part of the Building Code. He felt that a large percentage of drainage problems are created by the landscaping, with the exception of the sprinkler permits as there are no building permits whatsoever for 99% of the landscaping. Cm. Burnham concurred with Cm. North as to why the City is allowing homeowners with level properties to build higher than his neighbor. He felt the City was saying it is the homeowner's responsibility to have positive drainage. Mr. Tong indicated from a practical standpoint, it gets extremely difficult to enforce that type of detail on relatively minor permits. The drainage on spas, gazebos, and swimming pools is looked at as an automatic responsibility of the property owner. If the property owner creates a problem for themselves or their neighbors, then it is the responsibility of that property owner to take care of the problem. Cm. Barnes indicated she felt that responsibility belongs in the courts and not in the City. Mr. Tong indicated the City is looking towards an educational program through the Building Department to educate the owner/builder in terms of the various codes; and hopefully, the item of drainage will be discussed during those educational sessions. Cm. North felt that when a permit is issued, the City should attach a notice to the permit indicating that drainage is the property owner's responsibility. He felt that this was not a difficult problem when a permit is issued and stated, at present, we assume the property owner is aware of this. Mr. Tong stated that advising the property owner of his responsibility pertaining to drainage is something that is not a standard matter. However, he stated it could be mentioned to the Building Official for consideration. Cm. Burnham asked if there was a minimum tree clearance. Mr. Tong indicated the rule of thumb is to stay out of the drip line. When there is encroachment into that drip line, the City tries to minimize the effects. Regular Meeting PCM-1991-117 September 16, 1991 [9-16] ~ • ~ ~ Cm. Burnham commented on the 'Good Guys' parking lot in the Enea Plaza ~ Center which looks nice but you don't know where to drive in or out. Cm. Burnham asked if there was a way to not allow landscaping on the end of a parking strip. Mr. Tong indicated that an effective way to deal with this is to add an additional one-foot wide stepping plate and minimize the landscaping at the end stall, instead of the standard 6" curb; this gives an additional all weather surface area. He indicated the landscaping in those parking areas should account for the door swings and the height of overhangs. Landscape Design Mr. Choy stated that landscape design should exhibit a theme or concept throughout the landscaping, rather than just randomly placing trees and shrubs around the site. Cm. Rafanelli felt there should be something in the guidelines about using drought resistant shrubs and trees where appropriate. Mr. Choy expressed that the Planninq Staff now has an Intern who has a degree in landscape architecture and Staff might be able to call upon some of his expertise to develop an appropriate tree and plant list for the City of Dublin. Mr. Tong commented that a recently passed State law indicates that b~r 1993 every land use jurisdiction will be required to have an ordinance which provides for water conservation through landscaping. He stated that the Planning Staff and the Dublin San Ramon Services District Staff have met to begin looking at what type of ordinance would be appropriate for water efficient landscaping purposes for the City. Cm. Barnes indicated her preference of predominantly live ground eover as indicated in Item #10. Cm. Burnham asked if the City has a rule about cutting trees that have reached a certain size. Mr. Tong stated that there was no such rule. He indicated that some cities do have what is called a'heritage tree' ordinance, whereby, if a tree reaches a particular size or is of a particular species, it then is given some significance to the City and there are permits established for removal of that tree and what type of replacement would be necessary, if any. Cm. Burnham felt that the City needs something like that for future development on the hills. Mr. Tong stated that when an Applicant comes in for Site Development Review, they must indicate the existing trees on their site but there is no ordinance which would prevent them from removing some of those trees prior to filing an application for Site Development Review. Regular Meeting PCM-1991-118 September 16, 1991 [9-16] ~ • ~ ` Cm. Burnham asked if the City could do anything about removal of a tree prior to filing for Site Development Review. Mr. Tong indicated there was nothing the City could do under the existing ordinances. Cm. Burnham asked if the City could look into a proposal for a heritage tree ordinance. Mr. Tong responded that Staff would look into it. Architecture and Building Design Mr. Choy indicated the intent of architecture/building design policies are to provide a sense of entry or focal point and are more directed towards standards of quality and compatibility of the design than achieving a uniform appearance. Cm. North questioned #12, page 24, if permanent landscaping is required for a building that may only exist three months. Mr. Tong indicated that if the structure will remain for any length of time, then the City would require some permanent landscaping; if the structure will remain for a short duration, i.e. construction office, then permanent landscaping is not needed. It is just a matter of degree. Cm. Barnes commented on item 9, page 24 regarding building color. She felt, at times, the City needs to accept certain 'signing' of the building and noted Red Lobster and Circuit City as examples. She would like to see a little more imaginative use of color in buildings. Cm. Burnham asked for an example of a"signing" of a building. Mr. Choy stated that this policy was intended to develop some sense of balance of landscaping and architecture, rather than having the building stand out by itself. Cm. Burnham asked if what Mr. Choy was indicating was something like Casper's hot dog, designing the building to look like a hot dog and a bun. Mr. Choy concurred. Cm. Burnham commended Staff for what they have and have not passed with regard to architectural design. Residential Design Mr. Choy explained the primary theme in the residential design section includes maintaining and improving the appearance and safety of neighborhoods. Regular Meeting PCM-1991-119 September 16, 1991 [9-16] : • Cm. Zika questioned item 12, page 29 regarding automatic garage door ~ openers. Mr. Choy explained that the intent was to discourage residents from parking in areas that have insufficient parking space and to encourage residents to utilize their garages. Cm. North suggested posting 'no parking signs' because patrons utilize their garages for storage and park in the driveways anyway. 'Mr. Choy stated that would depend on the design of the project. Mr. Tong explained that if the drive way request is for less than 20 feet, Staff typically asks for a roll-up garage door and automatic opener as a condition of approval. Cm. Barnes asked if the City can designate how wide carports are in multiple living dwellings since she felt that the carports were a little narrow. Cm. North asked if carports have the same 8 foot requirements as garages. Mr. Tong stated that carports are standard size stalls. The City does not allow compact size carports. Cm. Barnes commented about the lack of vehicle accessibility presently experienced in existing two-car garages. Mr. Tong stated the City has implemented the two-car parking requirement on single-family dwelling units and that residents are not required to park their car in the garage. Cm. Burnham asked if a State law exists whereby one cannot legally park their car in their driveway overnight. Mr. Tong commented that he was unaware of any such law; however, he did indicate a law whereby cars cannot be parked on the street longer than 72 hours without being moved. Cm. North questioned if the law states anything about the adequacy of on-site laundry facilities in multiple family residential units, as stated on page 31, item 20. Mr. Tong stated that is more of a Planned Development guideline. Cm. Burnham asked if these are the guidelines that are presently in effect. Mr. Tong stated that these are draft site development review guidelines brought to the Commission for discussion purposes and input. After the various concerns of the Commissioners are addressed, they will be formally brought back to the Commission. Cm. Burnham asked if the City had any current guidelines. Regular Meeting PCM-1991-120 September 16, 1991 [9-16] ~ • ~ ~ Mr. Tong stated no; current site development review guidelines do not exist; however the City does have informal planned development review guidelines that it has been using for planned development projects. Cm. North requested that the Commission have at least two weeks to review substantial amounts of reading materials. Three days is insufficient to read over a hundred pages of text. Cm. Barnes asked if residential/commercial lighting comes into the guidelines. She felt that adequate lighting was an item the City lacks in their residential areas. Industrial Desiqn Mr. Choy stated the industrial design policies are for areas where industrial uses are interspersed with residential uses, whereby height and setbacks shall be compatible. There were no questions or comments from the Commissioners. Signing Mr. Choy explained that Signing policies should be designed and scaled to relate to the building upon which it is attached and oriented to the entrance. He stated Staff is encouraging the use of original signs and reproductions of signs in historic areas. Cm. Burnham stated obviously these guidelines tie in with our sign ordinance. Cm. Zika commented he felt Staff was on the right track and liked the idea of encouraging the original signs. He commended Mr. Choy on his presentation. Cm. Barnes emphasized benches in shopping centers adds so much to the community. Cm. Rafanelli agreed with Cm. Barnes that our commercial places should be gathering places for the community. He also felt that the whole proposal was very well presented. Cm. Burnham agreed with everyone and felt Staff was on the right track. He also commended Mr. Choy on his presentation. He did indicate, however, that he wished he had had more time to read each section more thoroughly. Mr. Tong stated he felt the Commission has given Staff a lot of good insights and a number of concerns in areas that Staff needs to do more research on. He indicated that when the item is brought back to the Commission, more time will be given for its review. Regular Meeting PCM-1991-121 September 16, 1991 [9-16] ~ ~ ! , Cm. North requested a minimum of two weeks for review of a document of substantial reading material. Mr. Tong stated California Building Systems has offered to make a slide presentation to the Planning Commission on community design guidelines for metal buildings. If the Commission is interested, Staff will make arrangements for a review at a future date. Cm. Barnes commented that she would be interested in the slide presentation for metal buildings. SUBJECT: PA 91-067 Ordinance Amendment Manaqement Audit related to the Administrative Conditional Use Permit, Conditional Use Permit and Site Development Review process and establishing a Zoning Clearance Process Cms. Zika and North began discussing the item without Staff presentation, indicating their concern that there was insufficient time to discuss some major significant concerns. Cm. Burnham asked if there were any outstanding concerns to clear up. Cm. Zika stated his major concern was the public's interest as to neighborhood proposals. He brought up Regional Ambulance. He has long been an advocate of notifying every resident within 300 feet of a planned item. Cm. North commented he would like to see as a reguirement that a Conditional Use Permit and public hearing be required anytime a 24- hour business is allowed within 300 feet of a residential area. He stated that there are items that are decided by the Zoning Administrator and/or Planning Director which have no appeal process and felt that there should not be any action taken by a city official that cannot be appealed, excluding the City Council. Mr. Tong explained that those particular items are at the direction of the Council. The Council has indicated that they would like to see certain permits streamlined as an over-the-counter type application. These applications do not have an appeal. This is the direction that was given by the City Council regarding the Management Audit items. Cm. North stated he felt that there were several items that should or should not be appealable. Cm. Zika questioned why the items were being brought to the Commission if this is what the City Council wants. Mr. Tong explained that the Ordinance Amendment Management Audit is presented to the Commission in order for the Commissioners to indicate their concerns and comments which are then presented as a recommendation to the City Council. Whether the Council follows the recommendation or not is the Council's prerogative. Regular Meeting PCM-1991-122 September 16, 1991 [9-16] . ~ • Cm. Barnes asked if this item was on a special time requirement. Mr. Tong indicated there was no specific time constraint. Cm. Barnes requested that this item be continued in order to give the Commission more time to thoroughly read and comment on the Draft Amendments. At the request of the Commission, Item 9.2 was continued to the November 4, 1991 Planning Commission. Cm. Burnham questioned nonappealable decisions by city officials. Mr. Tong explained this was discussed at the study sessions regarding the Management Audit. Mr. Tong explained that certain decisions by city officials occur every day. However, he stated that someone can request the Council to change the Council's ordinances/resolution. The main focus of the management audit study was to streamline operations, making it more efficient, while maintaining the effectiveness of good decision making. Cm. Burnham agreed but stated he felt there exists a gray area in regards to the ambulance operation in a residential area. He felt that the ambulance operation was legally in there but was also breaking the law by exceeding the noise level within a residential establishment. Cm. Zika stated that emergency vehicles were exempt from the noise level ordinance by the State of California and therefore, none of the above applies to them. Cm. Burnham asked if all of the underlined reading matter are changes or additions to the ordinance. Ms. O'Halloran stated they are the major changes. Mr. Tong reiterated that this item will be brought back to the Commission as a study session item. Commission concurred. OTHER BUSINESS Mr. Tong stated that at the September 23, 1991 City Council meeting, the City Council will consider the housing related ordinances that the Planning Commission had recommended for action. This would include the second readings of the Rental Availability Ordinance, the JL Construction planned development rezoning, the Density Bonus Ordinance, and Chevron Conditional Use Permit. Regular Meeting PCM-1991-123 September 16, 1991 [9-16] ~ ~ . PLANNING COMMISSIONERS' CONCERNS Cm. Burnham asked what the time frame was for the Dublin Boulevard Extension. Mr. Tong stated that the Public Works Director has been working with the City Attorney's office discussing with various property owners the acquisition of the property. He believed that the road way should be under construction by this time next year. He stated the City has hired a civil engineer to do the civil engineering work. Cm. North asked how long does the civil engineer anticipate construction to take. Mr. Tong stated he believed that construction should take about a year. Cm. North felt that this statement was different from what was advised to the RV Center from last month's meeting. Cm. Barnes was concerned about the sign for American Furniture, behind the Crown bookstore. She felt that store was getting a little bit heavy on the signage. Ms. 0'Halloran asked if this was temporary signage. Cm. Barnes stated that it was. Cm. Burnham was concerned about the used car lot located near the Southern Pacific right-of-way on Dougherty Road. He stated the cars just seem to keep multiplying and they never seem to have any stickers on them. He asked if a 72-hour notice needs to be met before the cars are tagged. Ms. O'Halloran stated Mr. Ralph Kachadourian, Zoning Investigator, was going to contact the property owner and notify the owners of the vehicles. Cm. Burnham stated his concern was that the cars are parked a little too close to the road and that there was a wrecked car in the ditch. He asked if the City had any jurisdiction of getting rid of the wrecked car. Cm. Barnes inquired as to the phone numbers that are listed on the vehicles for sale and asked if these can be utilized. Mr. Tong stated that Staff can ask the Zoning Investigator to call the phone number on the vehicles and indicate to the seller that the vehicle is in violation of City codes and issue a warning that the vehicle needs to be removed. He indicated Staff needs to approach the person who is placing the vehicle there as well as the property owner. Regular Meeting PCM-1991-124 September 16, 1991 [9-16] : ~ ~ ~ ADJOURNMENT There being no further business, the meeting was adjourned at 10:05 p.m. Respectfully submitted, 5A j` fl / ~~~y~i. J%,' / ~ I ~ /Y : . . ~1~~ Planning b iss~ n Chairperson aurence L. on Planning Direct r Regular Meeting PCM-1991-125 September 16, 1991 [9-16]