04/19/62 - Laserfiche WebLink

RESOLUTION N0. 169 WHEREAS, the application of Mr. Elmer D. White for Zoning Permit pursuant to Section 18.800, Zoning Ordinance No. 309, to operate a garage business (minor repairs) at 835 Main Street, in a C-C (Community Commercial) District, having come before this Commission April 19, 1962, under Ordinance No. 309, as amended, the Planning Commission does hereby resolve as follows: 1. The Planning Commission does find as follows: a. Notice has been given as required by law. b. The proposed land use will comply with performance standards section of Ordinance No. 3og. 2. The Zoning Permit is hereby granted. 3. A copy of this resolution shall be sent to interested parties. In the above connection, Secretary Fales brought before the Commission s draft of a Zoning Permit Performance Standards Approval form, which he devised to accompany a completed Zoning Permit application in line with a suggestion by Councilman Long. Copies of the proposed form were presented to the Commission for consideration. Chair man Mitchell asked City Attorney Struthers for legal opinion on this. Mr. Struthers said he approved of it, and in his opinion it: would help educate people in the details of Ordinance No. 3og, and legally cut off the argument that a person didn't know of the existence of the Ordinance. Also this form would tend to force a disclosure of operating procedures ahead of time before an enterprise gets started, thereby aiding in enforcement problems. Nr. Fales stated this form would put the burden oP proof on the applic~At, not the City. A discussion by the Commnission followed and, on motion by Commissioner Landon, seconded by Commissioner Lozano, and the vote of Aye by Com- missioners Antonini, Landon, Lozano and Mitchell, and No by Commissioner Rega, the following resolution was passed: RESOLUTION N0. 170 WHEREAS, the Secretary to the Planning Commission has prepared a form for use in conjunction with application for a Zoning Permit where Performance Standards Approval is required as a condition to the issuance of a Zoning Permit; and WHEREAS, the Planning Commission has reviewed this form and is +af the opinion that its use will simplify the administration of Ordinance No. 309, as amended, the Zoning Ordinance; NOW, THEREFORE, BE IT RESOLVED, that the Pleasanton City Planning Commission approve future use of said form by the staff in cases where Performance Standards Approval is required in connection with the issuance o£ a Zoning Permit, with the under- standing that the use of said form will be only supplementary to any and all provisions of Ordinance No. 309. A motion was made by Commnissioner Rega to amend the above Resolution by requesting the staff give flzrther consideration to clarification of the opening paragraph. The motio died for lack of a second. The next item on the agenda was a referral from the Alameda County Planning Department regarding an application from Nr. Herbert J. Godfrey, 1725 Rose Avenue, for a proposed addition to a single-family residence in an A-2 District on a parcel reduced in area from the required 5 acres to 4 acres and which parcel has no frontage on an approved street. This matter was held over from the meeting of April 5. Secretary Fales said he had been informed by the Alameda County P]snning Department that Mr. Godfrey wished to add as much space to the existing building as exists at the present time. Rose Avenue is an unapproved and unimproved street. This property has no access to any public street except by an easement, and thereby is twice removed from a public street. Therefore, it was the opinion of the staff that granting of a variance in this instance could create a future blight in this area and that no development should occur except on a public street approved, dedicated and improved. This property is 700 feet west of the City limits, and in terms of the Genersl Plan this is not considered a rural area. If this property were inside the City 1;a7i.ts, Ordinance No. 309 would not allow the proposed addition. Mr. Godfrey spoke from the audience stating he merely wished to remodel the existing house, in which he has lived for 9 years, adding 2 bedrooms, 1 bath and a utility room, and presented a sketch of the property and his proposal to the Commission for tiZeir inspection. After considerable discussion, on7 motion by Commissioner Tendon, sECOnded by Commissioner Antonini, the following resolu- -2-