PC 06/22/1994 - Laserfiche WebLink

Mr. Swift presented the staff report for R&S Lawn Service seeking a conditional use permit and design review approval. The applicant proposes to build a freestanding garage to store the equipment used in the gardening/landscaping business. The applicant also intends to clean up of the property and add landscaping. R&S Lawn Service operates a standard gardening/maintenance business where most of the site usage would be early morning and late afternoon (pick up equipment and return equipment at the end of the day) with very little use throughout the balance of the day. The existing residence on the property will be used as a residential rental. Staff feels this use of the property will be compatible to the surrounding area when operated under the conditions of approval. Staff also commented that the storage building is not visible from Spring Street and is screened from Ray Street by other buildings. A memorandum was distributed to the Commission clarifying Condition 16 and 29 and modifying Condition 30. Commissioner Hovingh brought forward the possibility of extending Railroad to Ray Street for better downtown circulation. Mr. Swift stated that the project was part of the Downtown Specific Plan, although the City Council recently decided not to proceed on the project at the present time because of a lack of funding. Commissioner Dove inquired if the application should be conditioned to not extend the use permit to a future property owner. Mr. Beougher advised that the use permit would apply to a new tenant/owner, however, all conditions of approval would apply as well. Commissioner Wright advised no rain gutters are indicated on the drawing. Mr. Higdon stated the applicant must bring the drainage to the front of the lot. Commissioners Barker, Wright, and Dove stated for the record that they had spoken with Mr. Grimes regarding his application. In response to Commissioner Barker, Mr. Swift stated that Federal law requires a building of this size to have a handicapped parking space located as close to the main entrance as feasible. Staff felt parking space #8 met the guidelines for being a handicapped parking space. PUBLIC HEARING WAS OPENED Armand M. Estrada, Attorney, 203 South S, Livermore, represented Mr. Grimes. Mr. Estrada stated that Condition 2 is worded too broadly and leaves open the possibility of a revocation of the use permit by unknown circumstances. Because Mr. Grimes is investing many thousands of dollars into this property, he is concerned that he may arbitrarily lose his use permit. Mr. Estrada proposed Condition 2 be modified to include a hearing to establish a finding of good cause before revocation of the permit can occur. Planning Commission Minutes Page 5 June 22, 1994