PC 04/13/1994 - Laserfiche WebLink

d. RZ-94-02. Citv of Pleasanton Application to amend Chapter 18.120 of the Pleasanton Municipal Code (Nonconfonning Uses) to create provisions to amortize existing nonconfonning uses. Mr. Iserson presented the staff report for amending the code for nonconforming use permits, precipitated by the experience of the City and property owners in the area of the INS facility on Ray Street. The INS facility is allowed to operate without a conditional use permit because it was in operation before the ordinance requiring a use permit was passed. The City Council has directed staff to prepare the code amendment. This code amendment will pertain to all nonconforming uses within the City. Mr. Iserson described the procedure this code amendment would entail. Staff recommends approval of Case RZ-94-2 and forwarding the draft ordinance to the City Council to review at a public hearing. Mr. Beougher clarified there must be a distinction between a conditional use and a prohibited use, before a business can be amortized out of existence. A discussion ensured regarding the process needed to grant a conditional use to a business without a permit at this time, finding them to be a prohibited use, and starting the amortization process. Mr. Iserson stated many nonconforming uses would be able to exist without triggering the amortization process. Non-conforming uses could be amortized on a case-by-case basis, as determined by staff and based on neighborhood complaints. In response to Commissioner Mahern, staff stated the INS facility will be required to get a permit under this code amendment. The next step would be for the City to amend the Code prohibiting this use entirely; INS would then fall into a nonconforming status whereby the amortization process takes effect, and the business would eventually be required to leave the site. The audience was instructed to limit their comments to their support or rejection of the code amendment and not comment about the noise of the INS facility. PUBLIC HEARING WAS OPENED Frank Sennyes, Manager of the INS and Tim O'Leary, attorney for the INS addressed this application. Mr. O'Leary stated this business has been in the area for 35 years and has served the area well. Back in the '80's this business was brought before a public hearing because of noise, and noise abatement was subsequently instituted. Mr. O'Leary stated there is no suggestion of nuclear waste or contamination at the plant. He stated the only injury to public health is the noise of the machinery, which falls within the commercial zoning requirements. Planning Commission Minutes Page 9 April 13. 1994