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HomeMy WebLinkAbout03-11-2008 PC Minutes Plannil1g COlnmission Minutes Tuesday, March 11, 2008 CALL TO ORDER/ROLL CALL A regular meeting of the City of Dublin Planning Commission was held on Tuesday, March 11, 2008, in the City Council Chambers located at 100 Civic Plaza. Vice Chair Tomlinson called the meeting to order at 7:02 p.m. Present: Vice Chair Tomlinson; Commissioners Wehrenberg, King and Biddle; Mary Jo Wilson, Planning Manager; Martha Aja, Assistant Planner; Jaimee Bourgeois, Traffic Engineer; and Debra LeClair, Recording Secretary. Absent: Chair Schaub ADDITIONS OR REVISIONS TO THE AGENDA - NONE MINUTES OF PREVIOUS MEETINGS - On a motion by Cm. King, seconded by Cm. Biddle, the minutes of February 26, 2008 meeting was approved. ORAL COMMUNICATIONS - NONE CONSENT CALENDAR - NONE WRITTEN COMMUNICATIONS - NONE PUBLIC HEARINGS - 8.1 PA 08-001 Malik's Daycare Conditional Use Permit to operate a Large Family Daycare Home (up to 14 children) at 2864 Sable Oaks Way (Adjudicatory Action) Martha Aja, Assistant Planner, presented the specifics of the project as outlined in the staff report. Cm. Wehrenberg asked for more information regarding the site inspection. Ms. Aja responded that she was at the site between the hours of 7:15 a.m. and 9:30 a.m. during which four children were dropped off at the site, the parents stayed an average of 2 to 5 minutes and there were no more than 2 people at anyone time. She continued that she was also at the site in the evening from 4:45 p.m. to 6:00 p.m. and there was one additional pick up that was not dropped off in the morning which, she assumed, was a school aged child. Cm. Wehrenberg asked if Ms. Aja observed the parking sihtation and any amount of noise during her site inspection. Ms. Aja responded that she did not hear any noise and found that the parents parked in the driveway or directly in front of the house when dropping off their children. Cm. Tomlinson asked if there are any other large family daycares in this area. Ms. Aja responded that the closest one is approximately 21/2 miles from project site. Cm. King asked if there are houses on both sides of the site. Ms. Aja responded yes. (p{annmg ComnlL\sion 1<l'ffutar ~'rfect/l1ff 26 ~!1ardi J J, 2008 Cm. Tomlinson stated that he had driven by the site and found that the neighborhood has larger homes on smaller lots and the street curves up the hill. He also commented that the site is close to his own neighborhood. Cm. Wehrenberg asked if this daycare was the only one in the neighborhood and if the City reviews the daycare needs of the area when approving large family daycares and if there are openings at existing daycare centers. Cm. King stated that the Planning Commission had never received evidence for the need of additional daycare. Ms. Wilson, Planning Manager stated that the City does not have data regarding daycare needs for the City. She continued that there are organizations that kel~p that type of data. Cm. Tomlinson commented that if there were more than two daycare facilities in the neighborhood then parking and traffic would have more of an impact on the neighborhood but since there is no other facilities there should be minimal impact. Cm. Tomlinson opened the public hearing. Basim and Hena Malik, The Applicants, spoke in favor of the large family day care. Cm. Biddle asked the Applicant what areas of the house are used for childcare, and if the garage is used also. The Applicant answered that the entire first floor is used for childcare and the garage is used for brief periods of activity when more space is needed. Cm. Biddle also asked about times of outdoor activities The Applicant answered th:lt outdoor activities are between 10-11 a.m. and during the summer, outdoor activities will als:> include one half hour between 5:00 and 5:30 p.m. Cm. King asked if there are any wheeled toys in the garage and if the garage door is kept open during the activities. The Applicant stated that she keeps the garage door closed and the automatic garage door opener has been disabled according to the State Childcare License. Cm. King asked if the Applicant thought there was a need for more childcare. The Applicant stated she had six children on a waiting list. Cm. King asked :f any neighbors had come to her to complain about noise and referred to letters that were received in response to the notice. The Applicant stated that she had not been approached by any neighbors, but was aware of the letters that were sent to the City. Cm. Biddle stated that he had visited the site and found that there was a large difference in elevation between the site of the project and the street below which would help with any noise problems. Cm. Tomlinson asked if the complaints stated in the letters were regular complaints made to the Applicant. The Applicant stated that the only complaints that they know of are the ones that were a direct result of the application and notice. 'l'{anning Commission '!(ffjuLlr'Meetin,q 27 ~lfardi U. 200<'! Cm. Biddle asked the Applicant if she was aware of any problems during the drop off and pick up period. The Applicant stated there had been no complaints from neighbors regarding parking. Cm. Biddle asked if the parents pull into the driveway or curb when dropping off or picking up. The Applicant stated that they b'ied to keep both parking spaces in the driveway and parking spaces adjacent to the house clear for parents. Cm. Wehrenberg asked about the age group of the children in her care. The Applicant responded that the ages are 2 to 5, and she cares for 7 children, with one school age who is picked up by her aide. Cm. Tomlinson stated that the City had received letters of opposition to the application. He asked the Applicant if she had seen the letters, and also if she knew any of the individuals who had written them. The Applicant stated that she had seen the letters but did not know the persons who wrote the letters nor had she spoken with any of them regarding their complaints. Ms. Cathy Grossi, 2861 Sable Oaks Way, stated she felt that the daycare did not have adequate parking. She mentioned that the spaces in the garage are used for activities and are not kept free for parking, and that the spaces in the driveway are taken during drop off and pick up time. She also mentioned that there is a fire hydrant in front of the house and stated that at least 50% of time there is somebody parked in front of the hydrant. She was also concerned about the noise from the activities in garage. She stated that she understands the need for childcare and has kids herself but thought the street cannot accommcdate the growth of this daycare center. She mentioned the Bylaws of HOA which state that a garage cannot be used for living purposes unless allowed by the City. Cm. Tomlinson responded that the City reviews applications for land use only and does not review compliance with HOA bylaws. Cm. Biddle asked how long the parents stayed in front of the house during the pick up and drop off period. Ms. Grossi responded that they stayed approximately 10 minutes. The Applicant responded stating that his next door neighbor parks next to the fire hydrant frequently. Hearing no other comments, Cm. Tomlinson closed the public hearing. Cm. Biddle stated that when he visited the site during midday it appeared that there were no traffic problems and that there was adequate parking on the street. Cm. King felt that, from a land use/planning standpoint, large family daycares were not appropriate for residential neighborhoods, however, under state law the City cannot deny a daycare center in a residential district just because the Commission does not think it is appropriate. He stated that the City Council feels there is a need for daycare therefore; the Planning Commission needs to give weight and consideration 10 these applications. P{anning Commi\'sloTl '!(r{fufar ~Meetinff 28 ~lfan:1i 11, 2008 There was a discussion regarding parking in front of the fire hydrant which is not allowed under the vehicle code. Cm, Biddle noticed that the curb was not painted red in front of the fire hydrant. Cm. Tomlinson stated that it is not a vehicle code requirement and some HOA's prefer not to have the curb painted due to maintenance issues. Jamie Bourgeois, Traffic Engineer, added that if a resident calls the Police Deparbnent regarding a car parked in front of a fire hydrant, the vehicle could be ticketed and in the event of an emergency the Fire Deparbnent would break the windows of any car blocking the fire hydrant in order to gain access to the fire hydrant. The Commission discussed soundproofing the walls to mitigate the noise from the garage. Ms. Wilson stated that though the Applicant is using the garage currently, under the use permit there is a condition of approval that requires the garage be kept free and clear for parking two cars. Ms. Wilson asked the Applicants if they understood the Condition of Approval regarding the use of the garage for parking only. The Applicant answered that they understood. Cm. Wehrenberg stated that she is in favor of the daycare. Cm. Biddle also agreed that the size and location makes it more appropriate for the area and is in support of the daycare. Cm. Tomlinson acknowledged the additional letters received by the City, including the letters in support of the application. He agreed with the other Commissioners that the traffic impacts are mitigated, in that they are brief and staggered and therefore, supports the application. Cm. Tomlinson stated that he will abstain from voting became of a business relationship with Barbara Cipriano, one of the letter writers. Cm. King asked Staff what the state regulation is that prohibits the City from denying an application based solely on their feeling that it is not appropriate in a residential district. Ms, Wilson responded that state law allows a small family daycare by right in residential districts, but a large family daycare can be governed under a CUP. Cm. King stated he is in support of the application. On a motion by Cm. Biddle and seconded by CM. Wehrenberg, on a vote of 3-0, with Cm. Tomlinson abstaining, the Planning Commission approved the following: RESOLUTION NO. 08-06 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN Planning Commission R.r[fUklr c'rfectln,q 29 ~lfardi U. 2008 APPROVING A REQUEST FOR A CONDITIONAL USE PERMIT TO OPERATE A LARGE FAMILY DAYCARE HOME AT 2864 SABLE OAKS WAY (APN 985-0043-041) PA 08-001 NEW OR UNFINISHED BUSINESS - None OTHER BUSINESS 10.1 Brief INFORMATION ONLY reports from the Planning Commission and/or Staff, including Committee Reports and Reports by the Planning Commission related to meetings attended at City Expense (AB 1234). Ms, Wilson reminded the Commissioners that there are several upcoming Study Sessions scheduled over the next couple of months. She stated that she will notify the Commissioners when the schedule is finalized. Cm. Wehrenberg asked about the East Dublin BART Parking Garage. Ms. Wilson stated that the BART parking garage is not consistent with what was approved with regard to the exterior of the structure. The Commission discussed the controversy regarding the BART project. Cm. Tomlinson asked for an update on the Elephant Bar and asked if the AC units on the roof would be screened. Ms. Wilson stated that Staff is working with the Applicant on a design solution. Cm. King asked about the outdoor seating on the south side of the building that was approved by the Commission. Ms. Wilson stated that plans for the outdoor seating have not been modified. ADJOURNMENT - The meeting was adjourned at 7:46 p.m. Respectfully submitted, ~~ Greg T orruinson Planning Commission Vice-Chair G: \ MINUTES \ 2008 \ PLANNING COMMISSION \ 3.11.08.doc (j'[annwfJ (ommFsion P,l'f/llklf 'A[felm/] 30 :Mardi n. 2008