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HomeMy WebLinkAbout07-28-1998 PC MinutesA regular meeting of the City of Dublin Planning Commission was held on Tuesday, July 28, 1998, in the Dublin Civic Center City Council Chambers. The meeting was called to order at 7:00 p.m. by Chairperson Jennings. ROLL CALL Present: Commissioners Jennings, Johnson, Hughes, Musser, and Oravetz; Eddie Peabody Jr., Community Development Director; Dennis Carrington, Senior Planner; Tasha Huston, Associate Planner; and Gaylene Burkett, Recording Secretary. PLEDGE OF ALLEGIANCE TO THE FLAG Cm. Jennings led the Commission, Staff, and those present in the pledge of allegiance to the flag. The minutes from the July 14, 1998 meeting were approved as submitted. ADDITIONS OR REVISIONS TO THE AGENDA - None ORAL COMMUNICATIONS - None WRITTEN COMMUNICATIONS - 4 letters were received from the public on item 8.2 opposing the project. PUBLIC HEARING 8.1 PA 98-030, Montessori Plus, Conditional Use Permit An application for a Conditional Use Permit for the establishment ofa Montessori school within a 4,732 square foot tenant space located at 7234-40 San Ramon Road, Strouds Plaza. (This public hearing is continued from the July 14, 1998 meeting) Regular Meeting 68 July 28, 1998 [7-28 pcmi] Cm. Jennings explained the process of a public hearing and asked for the staff report. Dennis Carrington, Senior Planner, presented the staff report. He stated that at the last Planning Commission meeting staff was directed to prepare a resolution of approval for the project. He stated that staff recommends the Planning Commission adopt the resolution. He outlined a few conditions of approval for the project. There is a requirement that four parking spaces be provided, and there is the requirement of a traffic safety report. Rupa Narain, Applicant stated item 3 and 5 contradict each other. Item 3 states that there is the requirement of four parking spaces. Item 5 is the drop off and pick up of students. If the parents are going to park, there is no need for staff to go out and bring the children in. If there was a drive through process, the parents would stay in the car and staff would stay out there and escort children to the center. She had contacted a civil engineer, and he was instructed by Public Works staff that the report must be based on the loading and unloading of children. She is trying to open a small school and these costs are adding up. She felt the traffic safety report was unnecessary if parking spaces are available. Cm. Jennings asked if all the other conditions were acceptable as written. Ms. Narian responded yes. Mr. Carrington stated the parking spaces are a requirement of the Zoning Ordinance. They based the requirements on a large family daycare. It is a reasonable requirement based on the number of children. Regarding condition number 5, staff understood that the applicant was proposing to be responsible for escorting each student from the drop-off and pick-up area to and from the school. Cm. Jeimings asked if the traffic study had been completed. Ms. Narian stated it will be done, but a lack of time has not allowed for that. Cm. Jennings asked Mr. Carrington if the conditions are part of the resolution. Mr. Carrington stated yes. Cm. Johnson asked if staff cared how the students were escorted to the school. Mr. Carrington stated as long as the child is escorted safely to the school. Cm. Oravetz asked if the dance studio was required to do a traffic safety report. Mr. Carrington stated no. Cm. Musser asked if the applicant volunteered to pay the $4,733 for traffic mitigation. Ms. Narain stated that she did not have a choice. Regular Meeting 69 July 28, 1998 [7-28 pcrni] Mr. Carrington stated the initial study indicated that there would be a traffic impact fee. To avoid a mitigated negative declaration, staff lets the applicant know that they can voluntarily contribute an amount that is determined by an independent traffic consultant. Cm Musser asked the difference between this project and Tri-City project. Mr. Carrington stated the other project is a temporary project and their lease runs out in the year 2000. Cm. Musser stated some safety issues need to be addressed. He asked Ms. Narain if they could provide a staff member to escort the kids inside. Ms. Narain stated they could do that. Cm Musser asked the cost of the traffic report. Ms. Narain stated $2,800+, on top of the traffic impact fee. Cm. Oravetz asked how long the lease was for. Ms. Narain stated 5 years with a yearly review. She asked why the traffic safety report was necessary; she felt it was not called for. They are required to have the parking spots and have the children escorted to the school. She asked how it is a safety hazard. Kevin VanKatwyk, Sr. Civil Engineer, stated with a school like this, there could be traffic backing up and with the traffic study, the City can make sure traffic circulates well. Floyd Davis, Public Works Engineer, stated he spoke with the Public Works Director and the traffic study is necessary. He has spoke with their traffic engineer and they had some concerns that have been discussed with the applicant and City staff. One of the suggestions that was made by their Traffic Engineer was the construction of a loading and unloading area being located in the cul-de-sac on Amador Valley Road. The City Public Works Department is not opposed to such and was willing to work with their Traffic Engineer in developing improvement plans. Subsequent conversations with the Traffic Engineer indicated that their client was vehemently opposed to constructing such an area. The staff and the Traffic Engineer are looking at other less desirable alternatives, such as a procedural process to correctly load and unload the students to make sure the circulation in the shopping center functions well. Ms. Narain stated that she had been doing this for 10 years and with the stagger drop off and pick up it will avoid any type of traffic congestion. Ralph Hughes arrived at 7:30. Cm. Jennings asked if her previous schools were located in a retail center. Regular Meeting 70 July 28, 1998 [7-28 pcmi] Ms. Narain responded no. Cm. Jennings stated the circumstances would be different for a retail center. Cm. Johnson felt if the applicant agreed with the conditions, then there should not be a problem. Ms. Narain stated that they would comply with the other conditions under protest; she will do it so her school can open. Cm. Jennings closed the public hearing. On motion by Cm. Johnson, and seconded by Cm. Oravetz with Hughes abstaining, and Cm. Jennings opposed, with a vote of 3-1-0, the Planning Commission approved RESOLUTION NO. 98 - 31 APPROVING PA 98-030 MONTESSORI PLUS CONDITIONAL USE PERMIT REQUEST TO ESTABLISH A MONTESSOR1 SCHOOL WITHIN A 4,732 SQUARE FOOT TENANT SPACE LOCATED AT 7234-40 SAN RAMON ROAD, STROUDS PLAZA. 8,2 PA 98-012 Tri-City Baptist Church, Conditional Use Permit - An application for a Conditional Use Permit request to allow the Tri-City Baptist Church to operate a school within their existing 4,417 square foot church facility at 6930 Village Parkway, Suites A-D, (Parkway Plaza). At the request of the Applicant, the Conditional Use Permit shall be considered for a temporary period of two years only. Cm. Jennings asked for the staff report. Mr. Carrington presented the staff report. He outlined the project and stated that a Conditional Use Permit is required for a community facility in the C-2 zoning district. The application is for a temporary use permit; their lease is through the year 2000. There were four letters from citizens opposing this project. He stated that the letters stated concerns about traffic safety and the safety of the children. He stated the applicant proposed to utilize the larger room in the facility for recreation activities. There is not a traffic impact fee due since it is a temporary use. Staff felt there would be a minimum of impact on the other businesses. He stated staff recommends approval if this project. Cm. Hughes asked the impact of traffic on the parking lot. He asked if the exit is along side of Kaspers Hot-dogs. Regular Meeting 71 July 28, 1998 [7-28 pcmi] Mr. Carrington stated it is one parking lot over to the south. There could be some impacts with traffic spread over the day. There is the option of requiring a traffic study. Pastor Bryson, Applicant, stated they have been in the facility for about 5 years. He stated he had good neighbors and wanted to keep it that way. This school is for members of the church, not an outreach facility. He stated the church wanted to provide an opportunity for schooling, but their first concern is safety. The drop off and pick up of kids is supervised by an adult monitor. There is no outside recess; the kids will be shuttled to outside parks. There will be no buses, and there is only 20 students that will be broken into three groups. They have more than four thousand square feet and they feel they have enough space for this use. Sundays they have had some problems with children in the parking lot when they are under the care of their parents. The school will be a little different, the church will be in charge of the children. Cm. Hughes asked Mr. Bryson if he had seen the letter from Mr. Lew, and if he was familiar with the instances of children playing in the parking lot. Mr. Bryson stated with the school they will not have the children dismissed into the parking lot. The church is where the parents will stand around talking and the children might be playing in the parking lot. Cm. Hughes stated this was an unusual place for a school, and with one person monitoring the kids, what effort would be made to insure the children were not loose in the parking lot. Mr. Bryson stated that the parents would drop the children off and the monitor would coordinate the pick up and drop off. Cm. Hughes stated that there was an instance of children playing in the parking lot and that is what Mr. Lew is referring to in his letter. What effort would be made to ensure that this will not reoccur. Mr. Bryson stated Wednesday nights are their Bible Study classes and that may have been when the instance occurred with the children in the parking lot. With the monitor during the school day, they should not have that problem. Cm. Oravetz asked what will happen in two years when the lease is up. Mr. Bryson stated he hoped the Lord would provide them a place to go to. Cm. Jennings asked the breakdown of the 20 students. Mr. Bryson stated at this time, they have about 12 students pre-enrolled up to the 7th grade. He stated that there will be three groups, kindergarten and first grade area, middle elementary, and an upper elementary. Cm. Jennings asked where the recreation space would be. Regular Meeting 72 July 28, 1998 [7-28 pcmi] Mr. Bryson showed on a map, the upper right hand comer of the map in the staff report. Cm. Jennings stated that she has four letters regarding the project. She asked if anyone wished to speak on the project. Mr. Robert Cannon, 8622 Beverly Lane, stated that he is in favor of the project. He addressed the safety issue and wanted to take responsibility of his own children when they exit the church. He wanted to make clear on what happens at the church and what happens when the children go to school. He was ashamed of the way his children played in the parking lot and stated that as a parent he is responsible for them. He stated that if there was a complaint about the children, he would like to hear about it, and as parents they will do a better job when leaving church. Velda Mainer, stated she is part owner of the Pet Gallery at 6924 Village parkway. They average 40 pets a day starting at 7:00 a.m. Their hours of operation are 7:a.m. to 6:00 p.m. They are the busiest grooming salon in the Tri Valley area. She stated the front of her business is glass from floor to ceiling and the church is a distraction for their dogs. Charlotte Fernandez, 126 Avocado Court, San Ramon, stated that she is the owner of Parkway Plaza. She stated that originally the school was a home school with 10 children and she was not opposed to it. She stated that she got phone calls and letters about the parking and safety issue. She called her insurance carrier and they told her that they will cancel her insurance if they allow a school. She called the Pastor and told him according to his lease agreement, it is to be used for an administration office and church only. She needs the insurance or she won't be able to rent to the church. Cm. Oravetz asked if the insurance carrier is opposed to the number of children enrolled in the school. Ms. Fernandez stated it is nice to have the center very busy, they have owned it 23 years, and she assumed the insurance would always be there. They insurance carrier will insure a church, but not a school. Cm. Hughes asked if this Conditional Use Permit is granted, the school starts, and she looses her insurance, will she evict them from the building. Ms. Fernandez stated no, she would look for other insurance. She has not had time to look for another carrier. She stated that she is opposed to the 20 students. Cm. Jennings asked if the church had less than 20 students, what impact will that have on her insurance. Ms. Fernandez stated it will still be canceled. Cm. Musser asked if the children stayed inside, would that make a difference. Mrs. Fernandez stated no, they will not insure a school. Regular Meeting 73 July 28, 1998 [7-28 pcmi] Pastor Bryson appreciated the spirit, even with opposition, he stated that kids do like dogs, but he will work on keeping the children away from the windows. He stated that his insurance company is willing to work with her insurance, but that has to be talked about and see if it will work. Frank Dtmer, stated that they share a common wall with the church. He stated that he is opposed to the project. The church has not caused a problem so far, but if they go to a school operation, he felt there would be an impact. They are open from 7:00 to 3:30. Even though it is for two years, it is for the balance of his lease. Cm. Jennings asked where the recreation room was located. Pastor Bryson stated it is on the opposite side of the building, near the dog grooming business. Cm. Jennings closed the public hearing. Cm. Hughes had concerns about the type of environment conducive to a school. He was concerned about the comments in the letters that were received. He felt the parking was way too busy, and the tow trucks coming into the center could cause a safety problem. Cm. Johnson felt the insurance problem should be addressed first. Cm. Oravetz thanked the pastor for bringing this to Dublin, the location does not sound like it is the right spot. Cm. Musser concurred with Cm. Oravetz. Cm. Johnson asked if they could postpone for two weeks to get the insurance issue worked out. Mr. Peabody stated the issue before the Planning Commission was the school and was this a proper location for this school. On motion by Cm. Hughes, and seconded by Cm. Oravetz with a vote of 1-4 with Cm. Johnson in favor of the project the Planning Commission denied RESOLUTION NO. 98 - APPROVING PA 98-012 TRI-CITY BAPTIST CHURCH CONDITIONAL USE PERMIT REQUEST TO ESTABLISH A SCHOOL, WITHIN AN EXISTING CHURCH FACILITY AT 6930 VILLAGE PARKWAY, SUITES A-D, PARKWAY PLAZA Regular Meeting 74 July 28, 1998 [7-28 pcmi] 8.3 PA 98-007 General Motors Automall - The application includes a Planned Development Rezoning, a Tentative Parcel Map, Conditional Use Permit, and Site Development Review to design an Automall for 3 new auto dealerships on the south side of Dublin Boulevard, east of Tassajara Creek, west of Tassajara Road, and north of Interstate 580. Cm. Jennings asked for the staff report. Tasha Huston presented the staff report. She stated that the project is a request from General Motors for approval of a Planned Development, including a Tentative Parcel Map, Conditional Use Permit, and Site Development Review to design an Automall for 3 new auto dealerships on a 15-acre site. The property is located along the south side of Dublin Boulevard, West of Tassajara Road, and is bounded by Tassajara Creek along its western side and Interstate 580 on the south. The Automall project involves 3 new auto dealerships and 3 separate parcels. The first parcel located at the intersection of Dublin Boulevard and Miller Court, will contain the "Pontiac/Buick/GMC" dealership. The second parcel will remain vacant for a future dealership. The third parcel adjacent to the 1-580 freeway, will contain 4 buildings; two sales buildings, housing a Chevrolet showroom and a Cadillac/Oldsmobile showroom; one body shop building; and one quick lube/car wash/storage building. The site planning for the dealership facilities and parking areas was very tight and with the landscaping there is no room to spare on these sites. However, the plan accommodates efficient turning movements for loading & unloading of vehicles, and explicitly designated parking areas for customers, employees, vehicle display, and inventory areas. This application has been reviewed by the applicable City Departments and agencies, and their comments have been incorporated in the Development Plan and/or made Conditions of Approval. The proposed project is consistent with the Dublin General Plan, Eastern Dublin Specific Plan, and Zoning Ordinance, and represents an appropriate project for the site. Staff recommends the Planning Commission approve the Tentative Map, Conditional Use Permit, and Site Development Review, and forward a recommendation of approval to the City Council for the Planned Development through adoption of the attached Resolutions. Cm. Hughes asked if the vacant lot (parcel B) will be a dirt lot. Ms. Huston responded yes. Cm. Hughes asked if parcel L-I, would be landscaped. Ms. Huston responded yes. Cm. Hughes asked if the lot will be fenced off so that the lot is not used for storage. Ms. Huston stated one side will be fenced off, staff was hoping the landscaping and the use of trees would prevent parking on the site. Cm. Hughes asked if there is a fence and gate along Tassajara Creek. Regular Meeting 75 July 28, 1998 [7-28 pcmi] Ms. Huston stated yes, for Fire Department access. Cm. Oravetz asked who decides what dealership can go in to the vacant lot. Ms. Huston stated that staff would review the proposed design for site development and whether the site works. The actual business would not be subject to staff approval. Cm. Oravetz asked how much the tax base will increase for Dublin when this project comes in. Ms. Huston stated staff did not do a specific fiscal analysis for this project, but a fiscal analysis was done for the Eastern Dublin Specific Plan area. Cm. Musser asked if there will be any berming along the landscape strip along the cul-de-sac. Ms. Huston stated that the landscape strip will be 10 feet wide and are required to have a berm approximately 18 inches high. Michael Goldworthy, architect, thanked staff for getting the project going. He stated that GM is satisfied with the conditions and are ready to move forward. Pat Cashman, Alameda County Surplus Property Authority, stated it is wonderful to see these projects get developed, and he complimented staff in getting this project going. He stated that he supports this project. Cm. Jennings closed public hearing. Alameda County gave staffa letter to change the timing of conditions 61, 63, 64, 65, and 66 to "when determined necessary by the Public Works Director." Cm. Jennings asked if the change to items 61, 63, 64, 65, and 66 met with staffs approval. Ms. Huston stated yes. On motion by Cm. Oravetz, and seconded by Cm. Hughes, with a vote of 5-0 the Planning Commission unanimously approved RESOLUTION NO. 98 - 32 RECOMMENDING THAT THE CITY COUNCIL APPROVE A PLANNED DEVELOPMENT (PD) REZONE / DEVELOPMENT PLAN FOR PA 98-007 THE GENERAL MOTORS AUTOMALL Regular Meeting 76 July 28, 1998 [7-28 pcmi] RESOLUTION NO. 98 - 33 APPROVING TENTATIVE PARCEL MAP, CONDITIONAL USE PERMIT, AND SITE DEVELOPMENT REVIEW FOR PA 98-007 THE GENERAL MOTORS AUTOMALL (Tract No. 7250) Mr. Peabody briefly went over the upcoming schedule for the Planning Commission. He stated that September 26, is the next field trip. Cm. Johnson asked what is the plan for Target and Wards. Mr. Peabody said a demolition permit had been issued. Also the flyover is starting to get worked on. ADJOURNMENT The meeting was adjourned at 9:00 p.m. Respectfully submitted, p~l~i~ngt~(~i~on- ATTEST: Community Development Director Regular Meeting 77 July 28, 1998 [7-28 pcmi]