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HomeMy WebLinkAboutItem 6.1 SB343 Board House Appeal (1)410-30 ~~ ~- ~ -i~ 1 \~ S B 343 Senate Bill 343 mandates supplemental materials that have been received by the City Clerk's office that relate to an agenda item after the agenda packets have been distributed to the City Council be available to the public. This document is also available in the City Clerk's office, the Dublin Library, and the City's Website. The attached document was received in the City Clerk's office after distribution of the March 17, 2009 City Council meeting agenda packet. 3-17-09 6.1 G:\CC-MTGS\FORMS\SB 343 Form.doc 03,~IB;2UU9 OI:dS PM HUGHES GILL COCHRANE 9259261202 2;S HUGHES GILL ~ro~ Matthew P. Hareingcon, Of Counsel $rica L. Btynes Amy K. Tinetti Jennifer R Lucas COCHRANE rc. ~ Coc~RArrE rc. 0.TTORNiY3 AT LAW AFY©RNEYS .AT LAW Michel J. Hughu Michael J. Hughes " ° . John P. Gill ~ .•se, .6; .z. John P. Gill Michael ]. Cochrane Michael J. Cochrane - °~ ~` Swp6anie ). Hayn Stephanie J. Hayes March 16, 2409 SENT VIA FACSIMILE (925) 833-6651 City Council City of Dublin c!o City Clerk 100 Civic Plaza Dublin, GA 94568 Re; OBJECTION to Protect PA 08-023 Iroonet Boarding House Conditional Use Permit Application, (3608 DalEhtatt C,QUrt, Dublin, CA) City Counctl Meeting on March 17, 2'f109 -Agenda Item 6.1 Dear Mayor and Members of the City Council; This law firm represents Dublin Ranch Owners' Association ("Association"). Our client objects to the Application of Iroonet America ("Applicant") for a Conditional Use Permit ("CUP") to operate a boarding house at which uP to a total of 16 people may live at 3608 Oalrhtarst Court, Aublin, CA ("Subject Property"). The Association urges the City Gouncil to affirm the Planning Commission's denial of a CUP for the Subject Property, In support of the Association's objection to the CUP application and request that the City Council affirm the Planning, Commission's ddi~iat,'`w'~" re=subztiit the Objection filed with the Planning Commission on or about Januaryl3, 200'9;",`A°'copy of the Objection is attached to this letter as Exhibit "A; ' We note that the Applicant has asserted that it is not subject to the Conditional Use Permit process because, in its opinion, the boarders/students and caretakers meet the definition of "familial status" under the federal Pair Housing Act. The, Association disagrees, and concurs 4 .. . a Y'S. . E.. . . a ;" _ b r . .-, ,.'1y _ r ., . . t~.ll(1 Cnnr~- H~fain fir.. Suirn al S ~ Walnur Creek. CA 44596 ~ Phc~tz~:i 925.926.1200 ~ I'cix: 925,9261202 ,N ..3: . U3; I6; 2009 OI :45 PM '~ Clty CounCll City of Dublin c/o City Clerk March 16 2009 HUGHES G1LL COCHRANE 9259261202 ~;8 .. Page 2 with City Attorney's analysis and conclusion that thz household does not meet the definition of "family" and as such, a CUP is required (see Attachment 12 tv the Agenda Statement). very truly yours, HUGHES GILL COCHRANE, P.C. ~~h~~rrte ~1. ~ Stephanie J. Hayes SJH:dk Enclosure cc: Erica Frasier, Senior Planner (via ®mail only) John Bakker, City Attorney (via brn$il only) "` John Doyle, Applicant's Attorney' (via ~naail at-ty) xr z - ~ ~ ~~- .. . , j ~;:. _ ,~ F ~ i S ! 03; I6; 2U09 01 :05 PM Michael], Hula john P. Glll Michel ]. Cochrane Stephanie j. Hayes 7aauary 12, 2009 ~ hUlND DELIYERYAND EMAIL City of Dublin Planning Commission c% Laura Karaboghosian Planning Division 100 Civic Plaza Dublin, CA 94568 HUGHES GILL COCHRANE tac, HUGHES G1 LL COCHRANE 9259261202 M1;B ~3p°~1 ~' ~IT 11 Matthew P. Harrington, Of Counsel ~ric~ L, Brynes Awry K, Tinetti Jennifer R. Lucar Re: ABJECTION to Projeet PA 08-023 ireonet Boardimg House Conditional Usa Permit Application (3648 Oakhurst Court, Dublin, CA) Planning Comraiesloa Meetlng on January 13, 2009 -Agenda Item 8.A. Dear Chair and Members of the Plaruting Commissi®n: This law i3rm repreaeats Dublin Ranch Owners' Association ("Association"). We submit, on behalf of our client, this objativn to the applioatioa of Iroonet Aaterica ("Applicant") for a Conditional Use Permit ("CUP") to operate a boarding house at which up to a total of 16 people may live at 3508 Oakhurst Court, Dublin, CA ("Subject Property"). A8610CIATION The Association is a California nonproi3t mutw~l benefit corporation whose primary purposes are to, among other things,. provide ;~z e~at~a~Om,tnt,,aahninistradon, maintenance and preservation of the property loeatedf within the ~ I~trblln Ranch roaidential development {"Development'. The Subject Property.is loc~t~~withia the Development. Rased on the foregoing, the Association is an interested party itt thdse pcviceedings. ., '~ s. SUBJECT PROPERTY The Subject Property contains six . {6) ~br~ta ~n ahe~ ~maia house aad an additional bedroom in a operate residential structure.... It l'~ep4 s~ two-car , garage with a driveway. The Subject Property is located on a col-deepa~ surrq~tddd by other siagle family rosideacas of comparable size that also front Oakhurst Court. 'Mere is limited or<~street parking which is shared by the residents of aU of the homes on Oakhurst Court. Ahl'LICANT Ciry of Dublin Zoning Ordinance Secapn ~12~,~providea that a CUP is required in order to opcratc a boarding house with`five'(S)`ar m~te~nters. Applicant proposes to operate a .. 1600 South Main St., Suite 315 I Walnut Creek, CA 96598 - ~ PIIUUr~ 925.926.1200 l~,u 925.926.1202 rE _, ~ $'°+~to ~ ~ ~ e _ a, • .j .. .. ~ ~t'n ~iC.4s°~~,, i _. U3; I6; 2009 tll :d5 PM HUGHE,~, CILL COCHRANE 9259261202 5; B r.. , . City of Dublin ~.: ~ , : : i. ~~ ,,.~ ". ,. i Ylat~ittg Commi~lon c/o Laura ICaraboghosian January 12, 2009 - - ` ' Page 2 ~~ boarding house for as many as 12 male preteen and=~i exchange students with up to a total of 16 people at the Subject Proporty. Applicant begin operating a boarding house without the required Conditional Use Permit before May, 2008, ' On information and belief, at some point during 2008 over 10 boarders resided in the Subject Property (see Written Comment Letter from Carolina Hersehens dated January 6, 2009). Zoning Otdioa~nce Section 8.76A80(B) provides that a boarding house is required to provide two (2) parking spaces per dwelling plus 0.5 png' spaces per sleeping room.: Based on this requiromoat, a total of six (6) parking spaces would be required for Applicant's proposed use. Applicant has requosted a reducdon in the aff-street parking reyuiremonta from six (6) parkin8 spaces to threw (3). REQUIRED FINDINGS FOR CONDITIONAL USE. PERMIT Aa you are awaro, Zonitsgi Qrdinance, ~ec~o}} . 8,>v00.060 t+equires the Plannit~ Commission to make all of the followin8 finc~ng~ i~ ~cder to approve a Conditional Use Permit: A. The pn~oposed use and related 'xatruetures is- compatible with other land uses, transportation and service Facilities in the vicinity. B. It will not adversely; affect tie, L~ or safety of persons residing or working In tho vieiaity, o~;be :dCtrlttiant~l-to. he public health, safety and welfare. ~ - . , , ? ~ _ . 4. ° .. . 5 J .~..; ~ n .. _ .. C, It will not be injurious to property or improvements in the neighborhood. ~,~ ~ ;;~ w ,u .. D. There are adequate provisions for public access, water, sanitation, and public trtf lities: and services .t~`~sure ~tbat tho proposed we and related structures would not`be detrimeinl to~ thepublic health, safety, and welfare. F. The subject site is pla~+sically suifi~bl+a forathe type, density and intensity of the use and slated structures being proposed. F. It will not be cbnbrur~r"to the~spostk't~ intent ela~uises, development regulations, or performance at7~ndard: established for the;~oning district in which it is located. `, G. It is consistent with tho Dublin C3eneral Plan, l and with any applicable Specific Ptans. '• ' -~ ~- - 7 i .' ... .~3 0~; I6; 2009 OI :d5 PM HUGHES GILL COCHRANE 9259261202 6;g 5~? 1l .. Y City of Dublin Planning Commission c% Laura 1{araboghosian - January 12, 2p09 Page 3 pHJF,CTIONs ' ' While the Association comnnends staff for its thoughtful efforts to craft conditions upon the Applicant aad its proposed use, it believes that such' conditions are not adequate to support required findings A, B and/or C. The Association also motes that the proposed use is not s~tutoriiy-protected nar speoifically favored by public policy. The operation of Applicant's boarding house.. business should be "seamless" to the surrounding area and neighbors. Even though limits have been placed on where vehicles associated with. the Subject Property may be parked,. the Association is concerned that in practice, the Applicant will be forcxd to use street pat~cing. This will place u:u+easonablc burdens upon the already limited parking in the area. While the. boarders will be prohibited from driving, it is expected that they will develop friendships at school, and that friends will drive, drop off boarders end coma visit. That will reduce the availability of street parking In the vicinity. Visitors and persons dropping of>; ar-~.picki~~up b~@rswi~l;also increase traffic ? d ~~.~ t Children playing ar present in the.cal-de~. will be ;more at risk of ~ ury duc to the increased vehicle trelflflc. _ ,, ~ £; . The Association's eoncems dui Mans, heavy traffic and the safety of persons in the cal-de-sac area are noi~iri~+e y'a`~`tio~3~sy'~ackyu~d„ (or "NIMBY") reaction. They have already happened and a report,of "the,ts+a~.$rdeus amount of traffic (cars, vans)" has been reported to staff (see Written -Cornrrte~nt Letter.,~3ta Carolina 13erachens dated January 6, 2009), it is reasonable to believe, that such problp>p$ will car~tinue'~if Applicant is allowed to have the number of boarders it has reque~tod. y . , -;~,Y:.~ . ri.~ ,. _ . . Nova and Nufsaeee ._. ~:~.,;_ ~5 The Aaeociatioa believes that with_aa.;naa~ as 12rerti~ele students of middle school aad high school age at the Subject Pmperrty, there ,wih cei#i{inly be additional noise that will uarcasonably disturb the nelgltborhood+;,,Tllis ~,aat,oniy;lil4el~r.,~v occur when the bvardera are bang dropped off or picked up but slab if boarders decide to ,congregate or play outside the residence. __ . Additionally, no provision has beat ; Misr r»~oa , of the boarders whcn tlu caretakers are away from the Subject Property, ,~,Ct~~t ,to be tad.- that without adult supervision, preteen and teenage boj-,s wll~ $enerate,~r~cra~osie;qud ~ption. j.. el,o 3.. , ,a~ y: a~. 1': f~ ~ ~ ,x ~t':~' i ~ . , , 5' C ' , . ~• 03; 15; 2009 O I :45 PM Clty of Dublin Planning Comtnission c% Laura ICaraboghosian January 12, 2009 Page 4 9259261202 7; B (~~1 Owners of residences in the Brea of the boarding house who desire to sell their homes will likely disclose the operation of the boarding house to potential buyers. This is likely to havo a negative impact on their property values, _ The Association recognizes that there are public policy reasons to protect certain types of facilities in residential crass, and that some such facilities are in fact specifically protected by law. For example, "small" family day care centers hre deemed to be rosidential use, no permit or business license shall be required, and such opetations are exempt from exclusion (Zoning Ordinance, definition of "gamily Day Care Home/Stna<1), 8,08,020), However, there is no such protection in the Zoning Ordinance for boarding houses with 5 or more boarders (Zoning Ordinance, definition of "Hoarding House").~ ~.' .~:} ~~ : _ : . The Association notes that there. arc Califoa~ia ~t~tulea which specifically permlt small child care facilities (Health and St<ffe~+ Code Aec~,g~ 1,897.30 et seq,) and community care titcllities having six or fewer residents (Health' and Saft3ty Code section 1502) in California homeowner associations notwithstanding any express prbhibitiona on such activities in the association's recorded Declaration of,Covenants, ~~~itio~:~.,anti Restrictions (CC&Fts). While these are not coning statutes, it is te~ling`by i~ omtsaton that'there ~s no similar protection in the statutes governing homeowner associations for,boaFding Llouses~ ' y 7i To oar lmowledge, thetti is no any pnblia p~liay_ tba~. pra~otos the operation of boarding houses in single family residential areas. _ . ~,~,~ :;. ~,~~ '~~ .uw „ ~ . ~~. ADDITIONAL C4NDITIONB ~:~ ... .,, . As discussed above, Associstioti o5jeets-to issuance of a C~ for the Subject Property and its strong preference is that the app;icat~gc}~Ab~.. denied,}. ,However if the Cornmissioa is inclined to approve the application, Association;Nwlthout~~}-aiving any of{its rights, recommends inclusion of the following terms dr gor~dibop~; 4 . ,~r 1, Reduce the maximum~tiutn~er ~lb ...era J; 1 to nv:n~' than six (6}. ~_ . ;l~otn. ~ o 2. Requve that there eliall"elwa be at;l~ast one I) ;tpervlaor~+ adult at the Subject Property whenever th is ono orfmore boarder present, :, Y `~ _ _ .~ ~~ . 4 x, :l ., .. .~1 ~ :. :sue.- ~ .~ .. 03; IB; 2009 01 :d5 PM HUGHEF, GILL COCHRANE 9259261202 S; S M1t t City of Dublin Planning Commission c/o Laure Karaboghosian , January 12, 2009 Page 5 . 3. Provide that the garage and driveways are to be used to maximum parking capacity before vehicles of ata$, visitors, vendors and servieepersons can be parked on the street. _ 4. 1Lequire that the garage is to be kept sufficiently free and clear of p~~sonal property tv permit maximum parking of vehicles in the garage. S. Prohibit residents of and visitors to the Subject Property from loitering or playing in/on Oakhurst Court ox ixA front of airy of the residences on Oakhurst Court. 6. Provide that na markings or ogres ara the Applicant's vehicles or in or on the Subject Property that either idontii~ the Applicant's business or that the Subject Property is a boarding house. _ _ ~ ~ _. 7. Require that the Commission vwill~'~~vietw'~ the ~statvs of Applicant's operation in six (6) months to con&r~. compliance with the CLIP. ~ R ~~ .. a " CONCLUl310N In conclusion, the. Assooiaxion respectfallP,~ quests that the Commission deny Applicant'a request for a Conditional Use Permit, - ,e x . . ,I~~'Y s~1'. YPurs, + .. ~HTJG~ESt GILL COCHRANE, P.C. .. ~~ l ~S ~ 6'J. ~ H~Y~ 3JH:dk ~~~ cc: Client '. }°. . ~~ ~ ` J r .. .... !4. , ;~, ,~; ' , .. , ;~.