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HomeMy WebLinkAboutPC Minutes 06-06-1988 ; ~ ~ ~ R~ular Meeting - June 6, 1988 A regular meeting of the City of Dublin Planning Commission was held on June 6, 1988, in the Meeting Room, Dublin Library. The meeting was called to order at 7:00 p.m, by Cm. Barnes, Chairman. ~ * ~ ~ ROLL CALL PRESENT: Commissioners Barnes, Burnham, Mack, Tempel, and Zika, Laurence L. Tong, Planning Director, Rod Barger, Senior Planner, Maureen ' 0'Halloran, Senior Planner, Laura Hoffineister, Associate Planner, Trudi Ryan, Planning Consultant, Libby Silver, Assistant City Attorney, Lee Thompson, City Engineer, and Gail Adams, Planning Secretary. ~r~~~ PLEDGE OF ALLEGIANCE TO THE FLAG Cm. Barnes led the Commission, Staff, and those present in the pledge of allegiance to the flag. ~ ~ ~ ~ ADDITIONS OR REVISIONS TO THE AGENDA None ~ ~ ~ ~ MINUTES OF PREVIOUS MEETING The minutes of the meeting of May 16, 1988 were approved, as corrected. * ~ ~ ~ ORAL COMMUNICATIONS None ~ ~ ~ ~ WRITTEN COMMUNICATIONS Mr. Tong advised that the Commission had received 20 action letters and 1 notice of appeal. Regular Meeting PCM-11-99 June 6, 1988 , i • PUBLIC HEARINGS SUBJECT: Proposed Plan Line - New Road Parallel to and Southerly of Dublin Boulevard (Between Amador Plaza Road and Regional Street) Cm. Barnes opened the public hearing and called for the Staff Report. Ms. Ryan indicated that the Planning Commission previously held public hearings and that no decision was made at the previous meetings. She described the ordinance which requires the Planning Commission to make a recommendation before any action can be taken by the City Council. She indicated that the City Attorney recommended that a new public hearing be held so that the Planning Commission can make a specific recommendation to the City Council. Ms. Ryan indicated that a parallel road south of Dublin Boulevard is consistent with the Dublin General Plan and Dublin Downtown Specific Plan and would be beneficial to downtown circulation and traffic flow. 5he indicated that there were three plan line alternatives discussed in the previous public hearings. She described the three plan line alternatives, while Lee Thompson pointed out these areas on the plan attached to the wall. Ms. Ryan indicated that in order to evaluate these alternatives, Caltrans, BARTD and Alameda County Flood Control were contacted. She indicated that these agencies suggested that Alternative 2 was the least feasible, that Alternative 3 presented fewer impacts and reservations, and that Alternative 1 had the fewest impacts. Alternative 1 allows for the continued use of existing businesses. Ms. Ryan indicated that these agencies stated that the differences between Alternative 1 and Alternative 3 occured mostly in the eastern area, that Alternative 3 would be more costly due to additional right-of-way requirements. In addition, Alternative 3 would require the acquisition of about 16,500 square feet of BARTD property. She indicated that there is no precise construction schedule established for the plan line. She indicated the need to tie the schedule into BARTD development or other land development in the area. Ms. Ryan indicated that Staff recommends the adoption of the Negative Declaration and the adoption of the recommendation for Plan Line Alternative 1 for City Council approval. Cm. Zika asked if Alternative 1 was recommended, might the Woolvertons be eligible for severance compensation. Ms. Ryan indicated they might and that Libby Silver would be able to explain the legal situation in regards to the two parcels. Regular Meeting PCM-11-100 June 6, 1988 • ! Ms. Silver indicated that the property would be acquired either through condemnation or through dedication. She indicated that if the property was acquired, it would be at fair market value and there may be severance damages. She indicated that this raay or may not occur, depending on the situation at that time. Cm. Zika asked if we chose Alternative 3 if we would have any liability for severances on the Enea property. Ms. Ryan stated that there may be severance if one property is split by a road. Cm. Tempel asked why Alternative 1 was $3 million and Alternative 3 was $3.3 million. Ms. Ryan indicated that the higher estimate was based on the cost of acquiring the land for the right-of-way. Cm. Tempel asked why Alternative 3, on a net basis, was less expensive. Ms. Ryan indicated that the costs for design and construction would be similar; however, Alternative 1 had already had right-of-way offered. For dedication, Alternative 3 required the acquisition of additional right-of-way. Harvey LeVine, representative for Woolverton, explained his concerns. He indicated that Alterna~ive 3 was the better alternative and that Alternative 1 was not desirable to them. He indicated that Woolverton needed alternate uses and that the larger area had more design and development flexibility. He indicated that Alternative 1 may be more desirable to the Planning Staff; however, Alternative 1 would reduce the Woolverton's flexibility. Mr. LeVine indicated that the cost figures for this project were premature and that the 10~ difference was not a big deal. He indicated that the plan line was premature, that BARTD's situation was still up in the air and that a traffic study was needed. He indicated that a decision should not be made with inadequate information, such as the traffic study or EIR. He indicated that when BARTD is established, there will be more traffic and that we should acquire more information fram BARTD in regards to traffic impacts. Mr. LeVine summarized by indicating that Aternative 3 was preferred; however, the money factor was premature and BARTD's situation was speculative. Bud Lake, Bedford Properties, indicated that he was looking over the Dublin Downtown Specific Plan and that we should be looking at future road and future right-of-way situations. He commented that Unisource is a light industrial area and is an interim use. Mr. Lake indicated that timing was not right and that traffic conditions and congestion should be considered. He stated that BARTD's plans were not known and that BARTD would be the controlling factor. Regular Meeting PCM-11-101 June 6, 1988 • ~ I Mr. Lake made reference to the previous Liberty House store now leased to other businesses and gave pictures to the Commissioners. He indicated that the 5-year leases would rollover and that the plan line would affect the uses in that area. He indicated that the Levitz loading area would be affected and that the plan line was premature. Mr. Lake made reference to the Lafayette Bart Station and commented on the pedestrian plaza core versus having the street in the center. Cm. Zika asked if BARTD asked for input on their station plans. Mr. Tong indicated that BARTD was in the process of selecting consultants for preparation of an EIR and that the Staff had spoken with some of the potential consultants. Mr. Tong indicated that there was a parking lot proposal but the precise design had not been worked out. He indicated that BAR.TD is relying on the City to determine where the alignment should be. Cm. Zika asked if there was a time limit on the right-of-way settlement situation. Mr. Tong indicated that there was no time limit. Cm. Burnham indicated that he agreed with Bud Lake that the plans were premature. Cm. Barnes closed the public hearing. Mr. Tong indicated that establishing a plan line could be lengthy and that Staff wants to avoid problems when development starts moving along. He indicated that Staff would like to avoid duplicating past mistakes. He indicated that if there are major development proposals, Staff could modify the plan line at that time. Cm. Zika asked if there were any reasons why we could not change the plan line later. Mr. Tong indicated that there would be a new public hearing and it would go through a similar process at that time. He reiterated that Staff recommends Alternative 1. Cm. Tempel stated that he had observed a similar situation in Southern California and that he was not notified of plan line changes. He indicated that something needed to be done now. Cm. Mack concurred with Cm. Tempel's comments. Cm. Zika asked if they could make a tentative guide on where the road was going. Regular Meeting PCM-11-102 June 6, 1988 . • ` • ~ Ms. Silver indicated that this cannot be done. She indicated that the plan line needed to be recorded and the property owners needed to be notified. She indicated that a plan line needed to be adopted and an amendment could be recorded later if an amendment was needed. On motion by Cm. Mack, seconded by Cm. Tempel and with a vote of 5-0, the Planning Commission adopted RESOLUTION N0. 88-036 RECOr@SENDING THAT THE CITY COUNCIL ADOPT A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL SIGNIFICANCE CONCERNING A PLAN LINE FOR A NEW ROAD PARALLEL TO AND SOUTH OF DUBLIN BOULEVARD BETWEEN REGIONAL STREET AND AMADOR PLAZA ROAD, CITY OF DUBLIN Cm. Tempel asked what the problem would be if Alternative 1 was established in regards to Enea Properties 2.5 acres. Mr. Tong indicated that whatever alternate was adopted, that alternative will control the route through proposed development. On motion by Cm. Tempel, seconded by Cm. Mack and with a vote of 4-1 (Cm. Burnham opposed), the Planning Commission adopted RESOLUTION N0. 88-037 RECOMMENDING THE CITY COUNCIL ESTABLISH A PLAN LINE FOR PARALLEL ROAD SOUTH OF DUBLIN BOULEVARD FROM REGIONAL STREET TO AMADOR PLAZA ROAD SUBJECT: PA 88-015 Kaufman & Broad Conditional Use Permit request for a Special Easement Sign at 6379 Clark Avenue Cm. Barnes opened the public hearing and called for the Staff Report. Mr. Barger indicated that Kaufman & Broad has requested a Conditional Use Permit for a Special Easement Sign to identify their administrative offices. He indicated that Kaufman & Broad has not been able to provide legal evidence of an existing easement. Mr. Barger indicated that Staff recommends that the Planning Commission continue this application to the next Planning Commission meeting on June 20, 1988, in order to give Kaufman & Broad more time to provide the appropriate documents. Cm. Zika asked why the Applicant was not present. Mr. Barger indicated that it was not necessary for the Applicant to be present since this item would be continued and since the Applicant is aware that no action would be taken on the item. I Regular Meeting PCM-11-103 June 6, 1988 • ! Mr. Tong indicated that Staff had tried to expedite the permit processing, but the Applicant was not able to provide the needed information, so Staff is recommending continuation of this application. Cm. Barnes asked if there was anyone in the audience that had any questions. No one spoke. Cm. Barnes continued the item to the June 20, 1988 meeting. SUBJECT: PA 88-023 Liquor Barn Site Development Review Appeal regarding Conditions of Approval of request to remodel existing building at 6633 Dublin Boulevard Cm. Barnes opened the public hearing and called for the Staff Report. Mr. Barger indicated that this application was an appeal of the Planning Director's action approving a Site Development Review request to remodel portions of the exterior facade of the existing Liquor Barn. He indicated that on March 15, 1988 the Planning Department received a Site Development Review application from Charles Smith, representative for Liquor Barn, to remodel portions of their building. On April 15, 1988, the Planning Director approved the request and on May 2, 1988, the Applicant appealed the decision to the Planning Commission. Mr. Barger indicated that this application had a similar situation as the previous application. He indicated that Staff had mailed a letter to the Applicant on May 13, 1988, requesting additional information and to this date, that additional information has not been received. ' Mr. Barger indicated that Staff was recommending continuation to the June 20, i 1988 meeting. ~ Cm. Barnes asked if there was anyone in the audience to speak regarding Liquor Barn. No one spoke. Cm. Barnes continued the item to the June 20, 1988 meeting. SUBJECT: PA 88-044 Marg-ett Arts & Crafts Show Conditional Use Permit request to operate two shows at Dublin Plaza Shopping Center (between Mervyns and Albertsons) on Regional Street between Dublin Boulevard and Amador Valley Boulevard Regular Meeting PCM-11-104 June 6, 1988 : • • Cm. Barnes opened the public hearing and called for the 5taff Report. Ms. Hoffineister indicated that this application was for a Conditional Use Permit for two Art & Craft Fairs at the Dublin Plaza Shopping Center. She indicated that the Applicant was Marietta Lewis and the sponsar was Steve Health of the Dublin Plaza Shopping Center Merchants Association. She indicated that the fair would be located along the pedestrian walkway from the Albertson Market to Mervyns. Ms. Hoffineister indicated that use permits for this particular use have been received and approved since 1984. She indicated that Conditional Use Permits are required since there are two separate fairs per the twelve month period. She indicated that the Applicant's request complies with the City's ordinance. Ms. Hoffineister indicated that at last year's hearing the Commission allowed sleepovers and since no problems had occurred, Staff had included this provision in the Resolution. She indicated that Staff recommends approval of this application. Cm. Zika asked how many sleepovers would there be. Marietta Lewis, Applicant, indicated that there would be approximately 10 sleepovers. She indicated that there wasn't any trouble with this arrangement last year. . Cm. Barnes asked if both shows were to end at 6:00 p.m. Ms. Lewis indicated that the shows would end at 6:00 p.m, with additional time for loading up. Cm. Barnes closed the public hearing. On motion from Cm. Zika, seconded by Cm. Burnham, and by a vote of 5-0, the Planning Commission adopted RESOLUTION N0. 88 - 032 APPROVING PA 88-044 MARG-ETT ART AND CRAFT FAIRS MARIETTA LEWIS (APPLICANT) DUBLIN PLAZA SHOPPING CENTER MERCHANTS ASSOCIATION (SPONSOR) CONDITIONAL USE PERMIT REQUEST TO ALLOW TWO ART AND CRAFT FAIRS AT THE DUBLIN PLAZA SHOPPING CENTER SUBJECT: PA 88-050 Love and Care Daycare Conditional Use Permit request to continue operation of a daycare center at 7624 Hillrose Drive Regular Meeting PCM-11-105 June 6, 1988 . . ' ~ • Cm. Barnes opened the public hearing and called for the Staff Report. Ms. Hoffineister indicated that this application was for a Conditional Use Permit to allow the continued operation of a daycare center for a maximum of 20 children. She indicated that a Conditional Use Permit is required for daycare centers and that Conditional Use Permits have been approved for this situation since 1982. Ms. Hoffineister indicated that the City has not received any complaints regarding the operation of the daycare center. She indicated that Staff is recommending that the use permit be approved with a 3-year time limit and up to a 2-year extension by the Planning Director. She indicated that Staff recommends the adoption of the Resolution. Cm. Burnham asked if the last Conditional Use Permit was for three years. Ms. Hoffineister said that it was. Cm. Zika asked if they should lose their State license, would they lose their City permit. Ms. Hoffineister indicated that there is a condition included in the resolution requiring proof of the State license. Cm. Zika asked if this was a annual license. Ms. Hoffineister indicated that it was a 3-year license. Cm. Barnes asked about the annual child abuse program. Ms. Hoffineister indicated that there was a condition included in the resolution for this program. The Applicants, LaVelda Singleton and Carlene King, indicated that the sign had been taken down. Cm. Barnes closed the public hearing. On motion from Cm. Burnham, seconded by Cm. Zika, and a vote of 5-0, the Planning Commission adopted RESOLUTION N0. 88-033 APPROVING PA 88-050 LOVE AND CARE DAYCARE CONDITIONAL USE PERMIT APPLICATION TO ALLOW THE CONTINUED OPERATION OF A DAYCARE CENTER AT 7624 HILLROSE ROAD SUBJECT: PA 88-042 Avcar Rental Conditional Use Permit request to operate a vehicle rental office and lot at the Howard Johnson Hotel, 6680 Regional Street Regular Meeting PCM-11-106 June 6, 1988 . • ' ' ~ ~ Cm. Barnes opened the public hearing and called for the Staff Report. Ms. 0'Halloran indicated that the Applicant was requesting a Conditional Use Permit to expand the existing hotel use to allow a vehicle rental lot and office at Howard Johnson Hotel. She indicated that the proposed vehicle rental facility is considered an ancillary use to the primary use and that a Conditional Use Permit is required under the City's ordinance. She indicated that Budget Rental Car had operated a car rental facility for the past 12 years, however, a Conditional Use Permit was never granted for that use. Ms. 0'Halloran indicated that the facility would occupy appoximately 56 square feet of floor area within the hotel lobby and 20 parking spaces within the parking lot. She indicated that the parking is the prirnary concern with the use. The required parking for the hotel is based on the number of hotel rooms, square footage or occupancy load. She noted that a summary of the required parking is contained in the Staff Report. Ms. 0'Halloran indicated that the property owner contacted Staff on Friday afternoon, June 3, 1988, to notify Staff that the Parking Summary contained in the Staff Report was incorrect. She stated that the following conditions should be noted: Use Capacity/Sq. Ft. Required Parking Spaces Hotel Rooms 232 234 Banquet Facilities 4486 sq ft 45 Restaurant/Bar (no corrections) 245 61 Total Parking Spaces Required 340 Ms. 0'Halloran stated there were inconsistencies with the information contained on the Applicant's Site Plan. The Summary provided on the plan submitted by the Applicant did not correspond to the number of parking spaces staff counted on the Plan. Ms. 0'Halloran indicated that in researching the parking issue, a Site Plan on file with the Building Department for the hotel's most recent addition showed a total of 372 parking spaces. She noted this results in an excess of 32 parking spaces. She stated it appears there will be adequate parking spaces for meeting the parking requirements for the hotel facility and the 20 parking spaces for the proposed car rental facility. However, she noted that due to the inconsistencies with the plans submitted by the Applicant, Staff was recommending that the Planning Commission modify the Draft Resolution to include a condition requiring that "Prior to establishment of the use, the Applicant shall provide verification of the number of parking spaces on-site by submitting an accurately drawn Site Plan depicting the current location and number of parking spaces. The Site Plan shall contain a summary indicating the number of rooms, square footage and parking spaces." Regular Meeting PCM-11-107 June 6, 1988 - ~ • ~ Ms. 0'Halloran indicated that the Applicant's proposal is consistent with the C-1 Retail Business District, the General Plan and the Downtown Specific Plan, as an ancillary use to the hotel use. Cm. Zika asked if Staff actually counts each parking space. Ms. 0'Halloran indicated that the Staff did not physically count the parking spaces on site. She indicated that Staff goes out to the site and checks for general conformance between the Site Plan submitted and the actual site in terms of location of buildings, parking and on-site circulation. Dan Mara, Applicant, stated he did not have any ob~ections to the Staff Report and indicated that he would be happy to answer any questions. Cm. Barnes closed the public hearing. On motion by Cm. Mack, seconded by Cm. Tempel, with a vote of 5-0, the Planning Commission adopted RESOLUTION N0. 88-038 ADOPTING A NEGATIVE DECLARATION FOR PA 88-042 AVCAR RENTAL/HOWARD JOHNSON HOTEL CONDITIONAL USE PERMIT APPLICATION TO OPERATE A VEHICLE RENTAL LOT AND OFFICE AT 6680 REGIONAL STREET Cm. Burnham asked Staff to explain the one-year limit on the approval period extension. Ms. 0'Halloran indicated that this was the first time that this particular business applied for a Conditional Use Permit at the hotel site. She noted that new conditional uses are typically restricted to a two-year approval with the possibility for a one-year extension, provided the Applicant requests the extension and that the Planning Director determines that all the Conditions and Findings still apply. She indicated that the extensions on other Conditional Use Permits can vary from 2-5 years and there was typically a 3-year maximum with new applications. Cm. Tempel requested a Condition recommended by Staff requiring submittal of an accurate Site Plan added to the Resolution of Approval. On motion by Cm. Tempel, seconded by Cm. Mack with a vote of 5-0, the Planning Commission adopted, as amended by Staff, RESOLUTION N0. 88-034 APPROVING PA 88-042 AVACAR RENTAL/HOWARD JOHNSON HOTEL CONDITIONAL USE PERMIT APPLICATION TO OPERATE A VEHICLE RENTAL LOT AND OFFICE AT 6680 R.EGIONAL STREET Regular Meeting PCM-11-108 June 6, 1988 . • ' • ~ SUBJECT: PA 88-031 The Good Guys Stereo Installation Facility Conditional Use Permit request to allow car stereo installation in the Enea Plaza Retail Complex at 6700 Amador Plaza Road Cm. Barnes opened the public hearing and called for a Staff Report. Mr. Barger indicated that a Conditional Use Permit was being requested to allow car stereo installation within the main building of the Enea Plaza Retail Complex. Mr. Barger indicated that there would be a maximum of three cars serviced at a time and there would not be any activity outside of the building. He indicated that stacking of cars in the parking lot, driveway in front of roll-up doors and in all vehicle or pedestrian access isles would be prohibited. Mr. Barger indicated that Staff feels that this is an appropriate and necessary service to the car stereo business and that it is in compliance with the goals and policies established in the Downtown Specific Plan and Specific Plan. Staff recommends adopting the Resolution approving the Conditional Use Permit for this operation. Greg Steele of The Good Guys, 1649 Adrian Road, Burlingame, indicated that he would like Condition #9(b) to be revised to include the option of having a "motion" type alarm systems. Mr. Barger indicated that this would be fine as long as Mr. Steele understood that the Police Department would make the final approval on the alarm system installed. Cm. Mack asked how The Good Guys would control customers in order to stop them from stacking their cars outside. Mr. Steele indicated that the employees would be driving the cars into the shop and that stereo installation would take place on an appointment basis only. Because of this, he foresaw no problems occuring concerning vehicle stacking. Cm. Barnes closed the public hearing. On motion from Cm. Mack, seconded by Cm. Zika, and with a vote of 5-0, the Planning Commission adopted, with amendment to Condition #9(b) to include the option of having a motion type alarm system, RESOLUTION N0. 88-035 APPROVING PA 88-031 THE GOOD GUYS CONDITIONAL USE PERMIT REQUEST TO ALLOW CAR STEREO INSTALLATION WITHIN THE MAIN BUILDING OF THE ENEA PLAZA RETAIL COMPLEX AT 6700 AMADOR PLAZA ROAD Regular Meeting PCM-11-109 June 6, 1988 ~ ~ r i NEW BUSINESS OR UNFINISHED BUSINESS SUBJECT: Planning Commission Training Session Mr. Tong indicated that several Planning Commission have asked for a training session. The Planning Commission decided, after some discussion, that July 6, 1988, at 7:00 p.m. would be an appropriate time for the training session. Cm. Barnes requested to be called on July 6, 1988, to remind the Planning Commissioners of the meeting. ~ ~ ~ ~ OTHER BUSINESS Mr. Tong indicated that the City Council CIP review was scheduled for June 21 through June 23. He indicated that the Dublin Revised Plan Line was scheduled for the City Council meeting of June 13. ~ ~ ~ ~ ~ PLANNING COMMISSIONERS' CONCERNS Cm. Burnham asked if Lee Thompson was a permanent City employee. Mr. Tong indicated that he will be hired on a full time basis. He indicated that Lee Thompson has been under contract with the City. Cm. Zika asked if the slurry seal was in the CIP. Mr. Tong indicated that it was out-to-bid at this time. Cm. Zika asked about the signage on Nahas' property. Mr. Tong indicated that it would be checked into. Mr. Barger indicated that the signage appeared to meet the sign standards. Cm. Zika asked how many signs does Nahas have on his property, Mr. Tong indicated that this would also be checked into. Cm. Barnes asked about the archways in regards to The Good Guys/Wallpapers To Go facility. Mr. Tong indicated that the sign variance included additional archways and that the Applicant needed to apply for the building permits. Regular Meeting PCM-11-110 June 6, 1988 • i ADJOURNMENT There being no further business, the meeting was adjourned at 9:23 p.m. ~c ~ ~ ~ Respectfully submitted, Planning Co ai erson Laurence L. Tong Planning Director ~ ~ ~ ~ Regular Meeting PCM-11-111 June 6, 1988