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HomeMy WebLinkAboutPC Minutes 07-03-1995 .f ' f l~ • y ~ • Regular Meeting -July 3, 1995 A regular meeting of the City of Dublin Planning Commission was held on Monday, July 3, 1995, in the Dublin Civic Center Council Chambers. The meeting was called to order at 7:33 pm by Commissioner Zika. ROLL CALL Present: Commissioners Geist, Jennings, Johnson, and Zika; Laurence L. Tong; Planning Director; Carol Cirelli, Senior Planner; Dennis Carrington, Senior Planner, Tasha Huston, Associate Planner, and Sandie Hart, Acting Recording Secretary. Absent: Commissioner Lockhart. PLEDGE OF ALLEGIANCE TO THE FLA Cm. Zika led the Commission, Staff, and those present in the pledge of allegiance to the flag. ADDITIONS OR REVISIONS TO THE AGENDA The minutes of the June 19, 1995, meeting were approved with the correction on page 63 of "Mape Park" rather than "May Park.". ORAL COMMUNICATIONS None WRITTEN COMMUNICATIONS None PUBLIC HEARING SUBJECT: 81 PA95-018 Dublin Boulevard Precise Plan Line. The project consists of the establishment of a right-of-way for Dublin Boulevard from the Eastern BART access drive to Hacienda Drive nursuant to Cha~ter 7.68 of the Dublin Municipal Code. This ~roject ,from Arnold Road eastward, is part of the Eastern Dublin General Plan Amendment and S~ecific Plan for which an EIR was ~reviously certified (SCH No. 91103064). This ~roject ,from Arnold Road eastwardl is within the sco~e of the Program EIR ~re~ared earlier. The Pro~ram EIR adequately describes the ~roject for the purposes of CEOA. An Initial Study revealed that the ~roject ,from Arnold Road eastward) would not hav~ effects that were not examined in the Program EIR, that no new effects c~uld occur or new mit~ation measures would be rec~uired. A Ne~ative Regular Meeting 65 July 3, 1995 {7-3pcmin} . # • • Declaration has been ~re.nared for the ~ortion of the ~roject from the Eastern BART access drive eastward to Arnold Road. Cm. Zika asked for the staff report. Dennis Carrington, Senior Planner, presented the staff report. He indicated it was necessary to establish a right-of-way in order to complete Dublin Boulevard from the eastern BART access road to Hacienda Drive. A Negative Declaration had been prepared and the proposed project would not have a significant effect on the environment. The proposed project consisted of a roadway with a minimum right-of-way of one hundred and forty-two (142) feet and a maximum right-of-way of one hundred and forty-eight (148) feet. The minimum paved section would be eighty-eight (88) feet and the maximum paved section would be one hundred thirteen (113) feet. The proposed right-of-way was within the physical scope of the Dublin General Plan and Eastern Dublin Specific Plan and was consistent with the General Plan and the Eastern Dublin Specific Plan. He stated Staff recommended approval of the draft Resolution approving the Negative Declaration and approval of the draft Resolution recommending the City Council adopt a Resolution of Intention to establish a right-of-way. Cm. Zika wanted to know why the 148 feet wasn't established all the way through. Mr. Carrington responded that the County wanted to dedicate as little as possible so they could develop as much as possible. Mr. Tong indicated a traffic study had been conducted and it agreed with the negotiated roadway. Cm. Zika asked what would be done with the existing road. Mr. Carrington stated it would eventually be eliminated. Cm. Johnson asked if it was just a temporary road. Mr. Carrington answered yes. There being no comments from the audience, Cm. Zika closed the public hearing. On motion by Cm. Jennings, seconded by Cm. Johnson, and with a vote of 4-0 (Cm. Lockhart absent), the Planning Commission unanimously adopted RESOLUTION NO. 95 - 21 ADOPTING A NEGATIVE DECLARATION FOR PA 95-018 DUBLIN BOULEVARD PRECISE PLAN LINE ESTABLISHMENT OF A RIGHT-OF-WAY FOR DUBLIN BOULEVARD FROM THE EASTERN BART ACCESS DRIVE TO HACIENDA DRIVE and Regular Meeting 66 July 3, 1995 {7-3pcmin} • • • RESOLUTION NO. 95 - 22 RECOMMENDING THE CITY COUNCIL ADOPT A RESOLUTION OF INTENTION TO ESTABLISH A RIGHT-OF-WAY LINE FOR DUBLIN BOULEVARD BETWEEN THE EASTERN BART ACCESS DRIVE AND HACIENDA DRIVE and RESOLUTION NO. 95 - 23 REPORT BY THE CITY OF DUBLIN PLANNING COMMISSION AS TO CONFORMITY OF LOCATION, PURPOSE AND EXTENT OF THE PROPOSED ESTABLISHMENT OF THE RIGHT-OF-WAY FOR DUBLIN BOULEVARD BETWEEN THE EASTERN BART ACCESS DRIVE AND HACIENDA DRIVE SUBJECT: 8.2 PA 93-012 City of Dublin ZoningOrdinance Amendment (Outdoor ~a1es The City of Dublin ~ronoses to amend the Dublin Zoning Ordinance relatin~to Outdoor Sales and Activities. Cm. Zika asked for the staff report. Tasha Huston, Associate Planner, presented the staff report. The Planning Department has surveyed and reviewed the regulations and procedures of several nearby cities, and has met with the Chamber of Commerce Outdoor Sales Committee to receive input regarding the outdoor sales issue, related temporary outdoor events, and business ventures. In regard to outdoor sales events/sidewalk sales for established Dublin businesses, Staff is recommending establishing the procedure for and frequency of outdoor sales events to be once each month during the months of July, August, or September and once each calendar quarter during the rest of the year (October through June) which allows a maximum of 6 outdoor sales events per year. The procedure for reviewing the application would be changed from an Administrative Conditional Use Permit to the Zoning Clearance process which would require no public hearing. In regard to outdoor sales events/sidewalk sales not related to established Dublin businesses, currently there are no provisions in the Zoning Ordinance. Staff suggests defining the use in the Zoning Ordinance as a Conditional Use requiring a Conditional Use Permit approved by the Zoning Administrator. The CUP process will require that the businesses and property owners within 300 feet of the site be notified of the request for the outdoor sale and would provide the opportunity to comment at a public hearing before the Zoning Administrator. This type of sale would be limited to a maacimum of two consecutive days per event and only 4 events per a one-year period. In regard to mobile vendors, the City has received several requests to consider allowing outdoor food vendors, such as hot dogs, ice cream, or espresso carts, which would operate in a stationary location on an ongoing basis. Staff recommends mobile vendors be regulated through the Conditional Use Permit process with approval by the Zoning Administrator. CUPs would be issued for up to one year at a time with subsequent annual reviews and extensions if all conditions are met. In regard to Arts & Crafts Fairs, Carnivals, and Farmer's Markets, Staff Regular Meeting 67 July 3, 1995 {7-3pcmin} . . ~ recommends amending the Zoning Ordinance to allow processing by a Zoning Clearance rather than the issuance of a CUP. She stated Staff had recommended the Planning Commission adopt the draft Resolutions recommending City Council adoption of a Negative Declaration for PA 93- 012, recommending City Council adoption of Zoning Ordinance Amendment, and approving the Standard Requirements for special events, and typical conditions for outdoor sales not related to Dublin businesses and mobile vendors. Cm. Johnson asked how collection of sales tax revenues would be policed. Cm. Zika responded that it would be a State function to collect the sales taaL, not a City function. Mr. Tong stated it was required that all businesses have a City Business License. Cm. Johnson asked if the mobile vendor would be permanently in the City for a year. Ms. Huston responded yes. Cm. Johnson expressed concern that someone could come into the City, throw up a sign, and sell wares from the back of a van. He questioned why the City was recommending that type of business. Ms. Huston stated the intent was not to have flea markets or selling of used goods. Cm. Zika questioned whether someone could sell new rugs draped over fences. Ms. Huston indicated it was possible if the person followed all the rules. The person would need to have written authorization of the property owner and nearby businesses. Cm. Zika wanted to have all businesses within 300 feet notified. Mr. Tong explained that not only the property owners of the nearby businesses, but also the businesses themselves would be notified. Cm. Zika asked if this change would mean Marg-ett Arts & Crafts Fairs would not have to come before the Planning Commission each year. Ms. Huston responded yes, Marg-ett Arts & Crafts Fair would go through the administrative process. Cm. Zika asked the difference of moving from a Conditional Use Permit to a Zoning Clearance. Ms. Huston indicated it would be a more efficient way to review the request and not require a public hearing. It would be black and white if they met the conditions. Mr. Carrington explained a Zoning Clearance would be done over the counter while an Administrative Conditional Use Permit involves a five day appeal process. Cm. Zika asked if the Zoning Clearance had an appeal process. Regular Meeting 68 July 3, 1995 {7-3pcmin} . • • Mr. Carrington indicated the Zoning Clearance did not have an appeal period. The ACUP did not have to have a public hearing either. Cm. Johnson asked where the mobile vendors were in the valley. In his travels, he had not seen any. Ms. Huston replied that San Ramon, Livermore, and Danville had processes whereby mobile vendors could obtain the necessary permits. Pleasanton was the only city to not allow hot dog vendors or outdoor sales. Cm. Johnson asked if the City had a lot of requests for outdoor sales from businesses not established in Dublin. Mr. Tong responded the City had received requests for fruit trucks, laser art, flower sales, brass sales, and NFL articles after Championship wins. In the past, these requests had to be denied. The Chamber of Commerce and the City Council wanted to open up the City for economic development. These businesses would not be able to just throw up a table; there would be regulations in regard to health, safety, and aesthetics. Cm. Johnson envisioned Castro Valley where there is a van with a guy under an umbrella selling his wares. Why bring this back to Dublin? Mr. Tong responded that such sales would require a CUP. He did not anticipate many requests of this nature. These changes were more for sidewalk sales that are not tied to a Dublin business. Cm. Johnson stated he did not object to Toys R Us having a sidewalk sale. Cm. Jennings asked if the Chamber was in favor of this. Ms. Huston answered yes, the Chamber had written a letter to the Planning Commission indicating the Outdoor Sales Task Force had reviewed the Zoning Ordinance Amendment. Cm. Jennings asked if all would be limited to 6 times a year. Ms. Huston responded that it varies with outdoor sales events/sidewalk sales by established Dublin businesses being allowed a maximum of 6 outdoor sales events per year; outdoor sales events/sidewalk sales not related to established Dublin businesses being allowed a maximum of 4 events during a one-year period at one site; mobile vendors at a stationary location on an ongoing basis for up to one year; Arts & Crafts Fairs allowed no more than 6 events during a one-year period; and for Carnivals no business or sponsor may participate in more than 2 events during a one-year period. Cm. Johnson asked about sales in showrooms such as sale of jewelry at Howard Johnson. Mr. Tong replied there would be a need for a Conditional Use Permit and a City Business License. Cm. Zika asked about someone arranging with a local business to sell out of a pick-up in their parking lot. Regular Meeting 69 July 3, 1995 {7-3pcmin} ^ • • Ms. Huston explained there would still be the need for a zoning clearance if a person was using an existing business. Mr. Tong stated over the counter was the simplest process for established businesses in Dublin. Cm. Johnson was confused over why the Chamber would allow sales out of a van. Jaynie Bunnell, Sidewalk Graffiti, who would be requesting a mobile expresso bar unit at the Chevron Station, stated there were very strict health regulations their business had to comply with. Cm. Jennings questioned whether the traffic impact at Chevron had been addressed. Ms. Huston indicated when the application was received, Staff would look at where the cart would be located in regard to circulation. Conditions can be attached in regard to traffic impact and circulation. Ms. Jennings asked what the impact would be on Staff if the City receives a lot of requests or complaints. Mr. Tong responded that outdoor sales were already happening on weekends when there were no zoning inspectors on duty. He felt if the Zoning Ordinance was amended, the majority of responsible businesses would follow the regulations. This was a way to set up procedures for legitimate sidewalk sales, such as World of Shoes. This would allow Staff to know who had applied for a permit and who was not in compliance. Cm. Johnson asked if Ms. Bunnell subleased space from Chevron. Ms. Bunnell stated before the cart would be put in place at Chevron, her company would do its own study of flow of traffic so they would not interfere with Chevron's customers. Cm. Johnson was concerned that vendors doing a cash business would be so easy to lose their receipts and the City would not get the sales tax. Cm. Zika closed the public hearing. Cm. Zika indicated he heard what some of the other Commissioners were saying, but the Chamber of Commerce did not have a problem with the amendments. Mr. Tong indicated if a CUP was used, a public hearing would be needed; but it is easier for the Applicant if it was held by the Zoning Administrator. There would be specific findings which would have to be met in order to grant a permit. Cm. Zika asked if Cm. Johnson's worst fears happen, how long would it take to change. Mr. Tong indicated it could be relatively quick, about one month. Regular Meeting 70 July 3, 1995 {7-3pcmin} . ~ ~ Cm. Zika asked why a psychic fair had to come to the Planning Commission, but Marg-ett would not. Mr. Tong replied the psychic fair was selling a service rather than actual goods. Ms. Huston added psychic fairs were usually held inside a building. On motion by Cm. Geist, seconded by Cm. Jennings, and with a vote of 4- 0(Cm. Lockhart absent), the Planning Commission unanimously adopted RESOLUTION NO. 95 - 024 RECOMMENDING CITY COUNCIL ADOPTION OF A NEGATIVE DECLARATION FOR PA 93-012 ZONING ORDINANCE AMENDMENT RELATED TO OUTDOOR SALES AND ACTIVITIES and RESOLUTION NO. 95 - 025 RECOMMENDING CITY COUNCIL ADOPTION OF PA 93-012 ZONING ORDNANCE AMENDMENT RELATED TO OUTDOOR SALES AND ACTIVITIES and RESOLUTION NO. 95 - 026 APPROVING STANDARD REQUIREMENTS FOR ZONING CLEARANCE USES ("SPECIAL EVENTS") AND TYPICAL CONDITIONS FOR CONDITIONAL USES ("MOBILE VENDORS" AND "TEMPORARY OUTDOOR SALES/SIDEWALK SALES NOT RELATED TO ON-SITE ESTABLISHED BUSINESS") with the addition of the words "and typical conditions" inserted after "Standard Requirements" on the second page of the above Resolution. NEW OR UNFINISHED BUSINESS None (~THER BUSINESS Mr. Tong announced to the Planning Commission that the General Plan Amendment Study on TruMark Homes would be presented at the next City Council meeting on July 11, 1995. Cm. Johnson asked if the old Southern Pacific Railroad right-of-way was owned by the City. Mr. Tong replied Alameda County owned the property. Regular Meeting 71 July 3, 1995 {7-3pcmin} e 7 ~ ~ • • I I * * * * Cm. Geist asked about the trucks being parked in the old Lucky parking lot and what options were available to have them removed. Mr. Tong explained if a complaint was received, the City would investigate. He cautioned that the parking lot would need to be signed in a specific way by the property owner in order for the police to be able to enforce. He was not sure if the property owner has been informed about the problem. Cm. Zika & Cm. Geist wanted to make a formal complaint about the trucks parking in the old Lucky's parking lot. Cm. Johnson asked if the old Lucky Store had been leased as yet. ADJOURNMENT The meeting was adjourned at 8:45 p.m. Respectfully submitted, l` ° 1'lanning C mission C i erson ~ ATTEST: Laurence L. Tong, Plannin ' ector Regular Meeting 72 July 3, 1995 7-3 cmin { p }