HomeMy WebLinkAboutPC Mtg Minutes 11-17-1986 ,
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Regular Meeting - November 17, 1986
A regular meeting of the City of Dublin Planning Commission was held on
November 17, in the Meeting Room, Dublin Library. The meeting was called to
order at 7:02 p.m. by Cm. Mack, Chairperson.
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ROLL CALL
PRESENT: Commissioners Barnes, Burnham, Petty, Mack, and Raley, Laurence L.
Tong, Planning Director, and Kevin J. Gailey, Senior Planner.
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PLEDGE OF ALLEGIANCE TO THE FLAG
Cm. Mack led the Commission, Staff, and those present in the pledge of
allegiance to the flag.
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ADDITIONS OR REVISIONS TO THE AGENDA
None.
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MINUTES OF PREVIOUS MEETING
On motion by Cm. Raley, seconded by Cm. Barnes, and by a unanimous vote, the
minutes of the meeting of November 3, 1986, were approved as presented.
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ORAL COMMUNICATIONS
Zev Kahn, Dublin resident, asked for clarification regarding political signs
which are not removed immediately following an election. Mr. Tong advised
Mr. Kahn that complaints regarding the signs should be directed to the City's
Zoning Investigator. He stated that the City does not have a specific dead-
line by which the signs must be removed, but that after what is considered by
the City to be a"reasonable" period, the Zoning Investigator may request the
candidate to remove the signs.
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WRITTEN GOMNNNICATIONS
Mr. Tong indicated that the Commissioners had received nine Action Letters and
two Notices of Appeal.
Regular Meeting PCM-6-155 November 17, 1986
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PUBLIC HEARINGS
SUBJECT: PA 86-102.1 and .2 - M. Castle Second
Dwelling Unit Conditional Use Permit and
Variances requests.
Cm. Mack opened the public hearing and called for the Staff Report.
Mr. Gailey advised that the subject application involves the second request
for a second dwelling unit within the City of Dublin since the City Council
adopted an Ordinance regulating the construction of such units. He indicated
that the first such request was for a second dwelling unit was approved by the
Planning Commission on December 2, 1985. Mr. Gailey stated that the subject
application complies with the minimum criteria outlined in the Ordinance with
the exception of the requirement to provide a third off-street parking space
on the property outside the required yards. He said that Staff's recommenda-
tion is that the Variance request to allow parking within the frontyard
setback area be approved, but that the proposed design of the driveway be
changed to either narrow the width of the driveway to a maximum of 25 feet or
to establish the new parking space at an angle with the side of the existing
garage.
Mike Castle, 8456 Wicklow Lane, advised that he had reviewed Staff's recommen-
dations and had no comments.
Cm. Mack read a Speaker Slip submitted by Charles and Verla Gerry,
8533 Ardmore Place, requesting that the application be denied in order to
preserve single family neighborhoods in the City of Dublin.
Cm. Mack closed the public hearing.
In response to an inquiry frorn Cm. Burnham, Mr. Gailey advised that a deed
restriction will be required to be recorded which will stipulate occupancy
restrictions requiring occupancy of one of the two units (when both units are
occupied) to be occupied by a person(s) 60 years of age or older, or by a
handicapped person or persons. Mr. Gailey indicated that when both units are
occupied, one must by occupied by the property owner.
On motion by Cm. Barnes, seconded by Cm. Petty, and by a unanimous vote, a
Resolution was adopted approving PA 86-102.1 and .2 Conditional Use Permit and
Variance requests.
RESOLUTION N0. 86-067
APPROVING PA 86-102.1 AND .2 CASTLE (APPLICANT AND OWNER)
CONDITIONAL USE PERMIT AND VAR.IANCE REQUESTS TO ALLOW THE CONSTRUCTION
OF A DETATCHED SECOND DWELLING UNIT AT 8456 WICKLOW LANE AND THE ELIMTNATION
OF THE FRONTYARD SETBACK FOR THE THIRD REQUIRED OFF-STREET PARKING SPACE
Regular Meeting PCM-6-156 November 17, 1986
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SUBJECT: PA 86-112 Hobby Horse Learning Center
(Applicants)/Murray School District
(Owners) - Conditional Use Permit and Site
Development Review requests.
Cm. Mack opened the public hearing and called for the Staff Report.
Mr. Gailey advised that the Conditional Use Permit and Site Developrnent Review
applications request approval to allow the establishment of an 80-child child
care facility in one of three existing "pods" of the partially vacated J. R.
Cronin Elementary School. He indicated that the Planning Commission approved
an application by the Fountainhead Montessori School in July, 1986, for a
childcare-school operation of up to 144 students in one of the other pods. He
stated that a representative of Fountainhead Montessori School indicated that
the School is operating with approximately 93 students rather than 144. He
also indicated that a separate Conditional Use Permit/Site Development Review
request had been submitted for the purpose of occupying the final vacant pod
by Family Bible Church (PA 86-121).
Mr. Gailey reviewed in detail the parking requirements for the site as it
relates to the subject application (Hobby Horse Learning Center), the existing
use (Fountainhead Montessori), and the concurrent request for use by Family
Bible Church. He indicated that Staff's major concern relating to the
proposed land uses had to do with parking needs. To provide additional
required on-site parking, he said two options appeared to be available:
1) modify the existing 27 space parking area to eliminate the drop-off
concrete apron area and to establish up to 17+ additional parking spaces in
that area; or 2) upgrading a portion of the existing adjoining paved play yard
area as a formal parking area. Mr. Gailey advised that Staff would prefer the
first option be implemented. He stated that the Draft Conditions of Approval
relating to parking arrangements provide the Planning Department with the
discretion to work with the Applicant and determine the most feasible option.
Mr. Gailey advised that the Site Development Review proposal involved minor
modifications to the building and reviewed the proposed modifications.
Mr. Gailey said that Staff recornmended two actions be taken on the proposed
project: 1) approval of a Draft Resolution adopting a Negative Declaration of
Environmental Significance, and 2) adoption of a Draft Resolution approving
the Conditional Use Permit and Site Development Review requests for PA 86-
112.1 and .2.
In response to an inquiry by Cm. Mack, Mr. Gai7.ey indicated that Staff had
spoken with the Engineering Staff to ascertain that by requiring the modifica-
tions for parking purposes as stipulated in the first option, costs could be
as high as $13,000 to $15,000. He stated that because of the shortness of the
tenure of the lease, the costs may be prohibitive. He said there was
inadequate information available to provide estimated costs for utilizing the
second option.
Mr. Gailey advised that the Applicant had suggested another option involving
the modification of the existing curb apron to permit parking on top of the
apron. Mr. Gailey indicated that Staff has not had an opportunity to
determine the feasibility of that alternate approach.
Regular Meeting PCM-6-157 November 17, 1986
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Cm. Raley inquired if the conditions recommended for the subject project were
consistent with those applied to Eagle's Nest. Mr. Gailey stated that the
provision in the Zoning Ordinance permits the flexibility in calculating the
parking requirements for mixed use projects where one use involves assembly
uses with off-set peak hour uses. Mr. Gailey indicated that Staff had not
been aware of this provision at the time the application for Eagle's Nest was
processed.
Joe Sullivan, Hobby Horse Learning Center, said that he understood one of the
schools currently operating in the area may be closing, thus increasing the
need for an operation similar to the Hobby Horse. He stated that it has been
necessary to do extensive interior work to prepare the building for Preschool
use and indicated that he hoped the additional expense of $13,000 to $15,000
to modify the parking lot would not be required.
Rick Wendling, 7194 Elk Court, indicated that he thought the idea of adding
concrete atop the existing apron is the best of the options discussed. He
indicated objections to creating parking in the existing playground area as
the driveway serving that area is right next to a crosswalk, and by developing
the proposed parking the crossing may become more hazardous.
Leslie Sheets, 6924 York Drive, expressed concern that her children may have
to cross a parking lot to utilize the play area. She also expressed concern
about the potential increase in traffic if the application was approved.
Mary Gilbert, resident, corner of Sage Court and York Drive, said she
concurred with the points raised by Ms. Sheets.
Zev Kahn, resident, inquired if any provisions would be made regarding
lighting. Mr. Gailey advised that standard language could be inserted into
the draft Conditions of Approval requiring provision of minimual security
"wash" lighting.
Maureen Beckman, 7027 Castro Road, said that the proposed parking lot will be
"in her back yard", creating traffic on an additional side of her corner lot.
She asked if the Planning Department had done a traffic study to determine
what increase of traffic on York Drive would occur if the proposed project is I
approved. !
Cm. Mack closed the public hearing.
On motion by Cm. Raley, seconded by Cm. Barnes, and by a unanimous vote, a
Resolution was approved adopting a Negative Declaration of Environmental
Significance for PA 86-112.1 and .2.
RESOLUTION N0. 86-068
ADOPTING A NEGATIVE DECLARATION OF ENVIRONMEIJTAL SIGNIFICANCE
CONCERNING PA 86-112.1 AND .2 - CONDITIONAL USE PERMIT
AND SITE DEVELOPMENT REVIEW REQUESTS
In response to an inquiry from Cm. Petty, Mr. Gailey advised that the School
District is in the process of performing a study regarding future use of J. R.
Cronin School. He said it is his understanding that the leases for the Hobby
Horse Learning Center and Family Bible Church will be for a three-year period
Regular Meeting PCM-6-15$ November 17, 1986
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of time and that a provision will be incorporated into the leases that will
allow the School District, with a minimum amount of notification, to terminate
the leases and allow refurbishing of the School for public school use.
Cm. Burnham expressed concern regarding the lack of a stop sign in vicinity of
the School site. He asked if the subject project would create a sizeable ,
increase in the traffic beyond what existed with the Elementary School which
previously operated on the site. Mr. Gailey indicated that in all probability
most of the elementary students lived within walking distance of the School.
Mr. Gailey advised that the Church use would be off-set by the fact that it '
would occur mainly after 6:00 p.m. on weekdays and on weekends. ,
Cm. Burnham referred to Exhibit D of the Staff Report and expressed coneern '
regarding potential safety hazards of the option proposed by Mr. Sullivan. I
Mr. Gailey indicated that Staff had not had an opportunity to review the
Aplicant's proposal regarding the ramping of the existing concrete drop-off 'i
apron.
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Cm. Raley said he did not think parking on the play area would be appropriate. II
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Cm. Barnes said she agreed with Cm. Raley, and said she thought parking should I~~
be restricted to the front of the site, within the existing parking area. ~I
Cm. Petty advised that he also agreed that parking should be restricted to the
area in front of the School. I
On motion by Cm. Raley, seconded by Cm. Burnham, and by a unanimous vote, a I'',
Resolution was adopted with the following modifications approving the I
Conditional Use Permit and Site Development Review requests for PA 86-112.1 I
and .2. 1) Condition #9 - modified to eliminate any reference to parking on '
the northern portion of the property. 2) New Condition #17 - added to I,
indicate that "wash" security lighting shall be established and maintained
around the perimeter of the subject building.
RESOLUTION N0. 86-069
APPROVING PA 86-112.1 AND .2 HOBBY HORSE LEARNING CENTER
- CHILDCARE CONDITIONAL USE PERMIT AND
SITE DEVELOPMENT REVIEW REQUESTS, 6901 YORK DRIVE
SUBJECT: PA 86-121.1 and .2 Family Bible Church
Conditional Use Permit and Site
Development Review requests.
Cm. Mack opened the public hearing and called for the Staff Report.
Mr. Gailey advised that the bulk of information provided regarding the
previous application, PA 86-112 Hobby Horse Learning Center, also applied to
the subject application. He indicated that additional discussion specifically
related to the Family Bible Church application dealt with the seating
capacity.
Mr. Gailey stated that the City's current Parking Ordinance specifies a
standard of one parking space for every four seats for general assembly uses.
He advised that the State Building Codes rather than the local Building Codes
have jurisdiction for construction activity at the School site. He said that
Regular Meeting PCM-6-159 November 17, 1986
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the Fire District Ordinance standards would be used to determine the assembly
capacity for the subject project, and that it is the same standard which was
used for the Eagle's Nest application (i.e., one person for every 7 square
feet of area). Mr. Gailey indicated that the size of the proposed assembly
area may have to be reduced in order to comply with the City`s standards for
parking.
Mr. Gailey indicated that the City's parking regulations provide for a
reduction in the numerical parking requirements for a mixed-use facility when
one of the uses is a Place of Assembly, which is used principally during non-
business hours, and where a formal contract between each user is filed to
formalize the specific nature of the shared parking agreement. He advised
that Staff had calculated the requirement for the three uses, Fountainhead
Montessori, Hobby Horse Learning Center, and Family Bible Church, to be 40
spaces. He stated that an additional 13 parking spaces must be supplied to
meet the minimum required on-site parking needs.
Mr. Gailey suggested that a Numerical Parking Variance may be an option
available to the Applicant to maximize his allowable seating capacity.
John Fernandez, Pastor, Family Bible Church, said the Church is currently
meeting in Pleasanton and is in need of a building for more than one day a
week. He stated that Mr. Maleski, with the School District, had indicated the
lease may be signed for a three-year period and may be broken or revoked with
a four-month notice by the School District. Pastor Fernandez indicated that
he thought an addition of a new Church would be a positive addition to the
City of Dublin. He advised that the congregation usually meets from 10:00
a.m. to 11:30 a.m. on Sundays. He said that of the 80 to 85 members,
approximately 30 are children. He aiso said that one of the rooms in the
"pod" is planned for use as his office and this would require one parking
space for himself during the week, with a potential need for one other parking
space for someone who may be meeting with him in his office. He advised that
currently his congregation is using only 15 to 20 parking spaces.
Pastor Fernandez requested that rather than requiring the Church to add
parking spaces, the Planning Commission provide them with the option of
applying for a Numerical Parking Variance. Pastor Fernandez asked the
Commission to consider modifying Condition #3 of the Draft Resolution to
provide the Church flexibility for unexpected events, such as funerals,
without requiring Planning Director approval prior to such an activity or use.
Mr. Gailey indicated that during the work day there are only 11 spaces
available on-site for use by the Church. He advised that Staff's concern is
that peak-hour parking needs not be magnified. Mr. Tong stated that the
Condition could be modified to except funeral services and similar unplanned
events.
Mr. Gailey stressed that it should be noted that the action taken on the
previous permit as well as the action taken on the subject request, unless
specifically stated, will not preclude parking from occurring in the area
north of the Fountainhead Montessori facility, which is paved but not fenced
off.
Regular Meeting PCM-6-160 November 17, 1986
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Mr. Tong stated that the Planning Commission should take into consideration
that if this area is not allowed for use as overflow parking, the parking will
probably occur on the street in front of the existing homes. He suggested
that it may be appropriate for non-scheduled events to be able to utilize the
blacktop.
Cm. Mack stated that she disagreed and said that she would like to see the
blacktop area fenced off.
Mr. Gailey advised that because this may be used as a service access area or
for trash pick up, it may not be feasible to install a fence.
Cm. Mack said that if signs were posted and cars parking in that area could be
ticketed, it may not be necessary to install a fence.
Cm. Burnham requested clarification regarding Condition #6 of the Draft
Resolution. Mr. Gailey indicated that the Condition would limit signage to be
similar to that utilized by the Fountainhead Montessori School.
Pastor Fernandez stated that the sign the Church was currently using was
1' x 5' in size. He asked for authorization to continue using it. Mr. Gailey
indicated that the proposed sign would be larger than Staff recommended be
allowed.
Cm. Raley advised that he thought Condition #6 should remain as it is written.
Cm. Barnes said she concurred with Cm. Raley.
On motion by Cm. Raley, seconded by Cm. Barnes, and by a unanimous vote, a
Resolution was approved adopting a Negative Declaration of Environmental
Significance concerning PA 86-121.1 and .2.
RESOLUTION N0. 86-070
ADOPTING A NEGATIVE DECLARATION OF ENVIRONMENTAL SIGNIFICANCE
CONCERNING PA 86-121.1 AND .2 - CONDITIONAL USE PERMTT
AND SITE DEVELOPMENT REVIEW REQUESTS
On motion by Cm. Raley, seconded by Cm. Barnes, and by a unanimous vote, a
Resolution was adopted approving PA 86-121.1 and .2 Conditional Use Permit and
Site Development Review requests, contingent upon the following modifications:
1) Condition #2 - modified to exempt use for funeral services and similar
unplanned events. 2) Addition of a statement regarding the option of
applying for a Numerical Parking Variance. 3) Condition #9 - modified to
limit on-site parking to the front of the School site. 4) New Condition #19
- stipulating that security "wash" lighting shall be established and
maintained around the perimeter of the subject building.
RESOLUTION N0. 86-071
APPROVING PA 8b-121.1 AND .2 FAMILY BIBLE CHURCH
CONDITIONAL USE PERMIT AND SITE DEVELOPMENT REVIEW REQUESTS,
6901 YORK DRIVE
Regular Meeting PCM-6-161 November 17, 1986
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SUBJECT: PA 86-046 Fire Safe Roofing Materials
Ordinance.
Mr. Gailey indicated that this item was initially heard at the Planning
Commission meeting of July 21, 1986. He stated that Staff was not able to
secure the necessary coordination between respective industry representatives
for the presentation. Mr. Gailey said Staff is recommending the item be
continued to the Planning Commission meeting of December 15, 1986.
It was the consensus of the Planning Commission to continue the public hearing
for PA 86-046 Fire Safe Roofing Materials Ordinance to the meeting of
December 15, 1986.
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NEW BUSINESS OR UNFINISHED BUSINESS
Mr. Tong said the next Tri-Valley Citizens' Committee meeting has been
tentatively scheduled for January 20, 1987. He advised that the Downtown
Improvement Study Committee will be meeting on that evening and that he and
Cm. Burnham will not be able to attend the Tri-Valley meeting. It was the
consensus of the Commissioners that the Tri-Valley Citizens' Committee meeting
shouid be rescheduled to a later or more convenient date.
Mr. Tong advised the Commissioners that the City Council had concurred with
the Planning Commission's action to deny the Hall-Fraser Variance request, and
also denied it.
Mr. Tong indicated that the Howard Johnson appeal will be heard at the next
City Council meeting.
Commissioners were reminded by Mr. Tong that a special meeting of the City
Council would be held on Tuesday evening, November 18, 1986, for the purpose
of obtaining public input regarding the proposed Civic Center.
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OTHER BUSINESS
None.
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PLANNING COMMISSIONERS' CONCERNS
Cm. Raley expressed concern regarding an automobile with a flat tire which had
been parked for a week on the westbound side of Dublin Boulevard, west of San
Ramon Road. He said that a three-day notice had been posted on the vehicle,
but that the vehicle had not been towed away after the three-day period.
Cm. Raley stated that there have been a number of vehicles which have been
red-tagged but have not been towed, and asked if it would be appropxaite to
remind the Police Department to follow up on this.
Regular Meeting PCM-6-162 November 17, 1986
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Cm. Mack stated that Central Bank appears to have become the "used car parking
lot". Mr. Tong advised that a zoning complaint was received and action had
been taken to eliminate the used car sales at that location.
In response to an inquiry by Cm. Mack, Mr. Tong stated that a letter had not
been sent to the Student Body President at Valley Christian School inviting
him or her to a Planning Commission meeting, but that one will be prepared for
that purpose.
Cm. Barnes asked about the status of the Gemco Store. Mr. Tong indicated that
Target Stores apparently will be opening in the Gemco location, but that the
first tentative date to do so is approximately one year from now.
In response to an inquiry from Cm. Mack, Mr. Tong indicated that no definite
communication had been received regarding the Handyman facility.
Mr. Gailey advised that Amador Lanes Bowling Alley has been placed on the
market.
Cm. Burnham expressed concern regarding the closure of Dougherty Road.
Mr. Tong said it appeared the road would be reopened some time during the week
of November 24, 1986.
In response to a question from Cm. Burnham, Mr. Gailey indicated that the
Dublin Security sign required a new permit, but that the 84 Lumber sign
existed under a previous permit. Mr. Tong advised that the Citywide sign
survey is in process, and that the City Council has requested that all of the
letters regarding illegal signs be mailed out at the same time. He also said
that immediate compliance with the Sign Ordinance would be required at the
time new applications for signs are received.
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ADJOURNMENT
There being no further business, the meeting was adjourned at 8:55.
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Respectfully submitted,
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Planning Commission Chairperson
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Laurence L. Tong
Planning Director
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Regular Meeting PCM-6-163 November 17, 1986
~R SLIP
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