HomeMy WebLinkAboutPC Mtg Minutes 11-18-1985
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Regular Meeting - November 18, 1985
A regular meeting of the City of Dublin Planning Commission was
held on November 18, 1985, in the Meeting Room, Dublin Library.
The meeting was called to order at 7:35 p.m. by Cm. Mack, Vice
Chairman.
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ROLL CALL
PRESENT: Commissioners Barnes, Petty, Mack, and Raley, Laurence
L. Tong, Planning Director, Kevin J. Gailey, Senior Planner, and
Maureen 0'Halloran, Associate Planner.
ABSENT: Commissioner Alexander, Chairman.
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PLEDGE OF ALLEGIANCE
Cm. Mack led the Commission, Staff, and those present in the
pledge of allegiance to the flag.
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MINUTES OF PREVIOUS MEETING
The minutes of the regular meeting of November 4, 1985 were
approved as submitted.
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ORAL COMMUNICATION
Mr. Gordon Bowen (Estrella Court) discussed the construction work
occurring in conjunction with the current Kaufman and Broad
Silvergate Highlands project. Mr. Bowen complained about
construction work occurring on weekends. Mr. Tong indicated to
Mr. Bowen the appropriate manner in which to process a complaint
regarding weekend work (a call to the City Police Department).
Mr. John Johnson (Estrella Court) also discussed the Silvergate
Highlands project, indicating concern regarding the project's
grading and perimeter fence design.
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WRITTEN COMMUNICATION
None.
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PUBLIC HEARING
At the request of the applicant for Item 7.1, Item 7.2 was placed
before Item 7.1
SUBJECT: 7.2 PA 85-093 Wonderful World of Learning Day
Care Pre-School Conditional Use Permit application
to continue operation of a day care and pre-school
center at 8010 Holanda Lane
Cm. Mack opened the public hearing. Ms. 0'Halloran gave a Staff
report for this item indicating that no complaints had been
received by City regarding the center's previous operation. Ms.
O'Halloran indicated that four new conditions were being
recommended to be applied on the permit that had not been applied
on any of the previous Conditional Use Permit covering the
property.
No one was present representing the applicant/owner.
On motion of Cm. Raley, and seconded by Cm. Barnes, and on
unanimous voice vote, Cm. Mack closed the Public Hearing.
On motion by Cm. Petty, and seconded by Cm. Raley, and by
unanimous voice vote, the Planning Commission voted to approve
the Negative Declaration prepared for the project and to approve
the Conditional Use Permit request.
RESOLUTION NO. 85-051
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
ADOPTING A NEGATIVE DECLARATION FOR PA 85-093 WONDERFUL WORLD OF
LEARING CONDITIONAL USE PERMIT APPLICATION TO CONTINUE OPERATION
OF A DAY CARE AND PRE-SCHOOL CENTER AT 8010 HOLANDA LANE
RESOLUTION NO. 85-052
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
APPROVING PA 85-093 WONDERFUL WORLD OF LEARING CONDITIONAL USE
PERMIT APPLICATION TO CONTINUE OPERATION OF A DAY CARE AND PRE-
SCHOOL CENTER AT 8010 HOLANDA LANE
SUBJECT: 7.1 PA 85-087 Gomez (Owner)/Woodruff (Applicant)
Conditional Use Permit and Variance for a proposed
addition of a second dwelling unit and elimination
of required setback for a third off-street parking
space at an existing single-family residence at
8757 Shamrock Place
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Cm. Mack opened the public hearing. Mr. Gailey presented a brief
Staff report which included discussion on an item-by-item basis
comparing how the project proposal matches up with the minimum
development standards of the City's Second Unit Ordinance. Mr.
Gailey continued by describing the present site conditions, the
presence of two on-site block walls (which Staff is recommending
be modified) and the applicant's request for a dimensional
parking variance. Mr. Gailey finished the Staff report by
indicating that Staff was recomending approval of the Conditional
Use Permit and Variance requests.
Mr. Woodruff, representing the firm of Silvaggio, Woodruff &
Associates, Inc., indicated he'd read through the draft
conditions for the project. Mr. Woodruff commented it was his
understanding that the bulk of residential lots in Dublin would
not be able to satisfy the parking requirement outlined in the
Second Unit Ordinance.
Cm. Raley requested clarification regarding the proposed location I',
of the second unit. Cm. Petty inquired about the status of the ,
block wall along the existing driveway and the process involved
for the applicant to process an encroachment permit.
Mark King, the neighbor on Shamrock Place adjoining the subject
property, indicated his objection to the placement of windows
that would look down towards his dining room and back yard. Mr.
King indicated his, desire to discuss his concerns with the
project architect.
Virginia Horner indicated her concern that a unit of this size
could be requested under the City's Second Unit Ordinance.
Bill Grove (Shamrock Place) indicated support of the continued
use of concrete paving in the strip between the curb and the
sidewalk as it applies to the subject property.
Staff and the Commission discussed occupancy restriction options.
Cm. Raley inquired whether a restriction on the occupancy of the
rental unit could be imposed limiting tenants to the elderly or
the disabled.
On motion by Cm. Raley, and seconded by Cm. Barnes, and by a
unanimous voice vote, Cm. Mack closed the Public Hearing.
Staff was directed to check with the City Attorney as to the
occupancy restriction options that could be applied on the
request. The Commission indicated its desire to have occupancy
of the second unit limited to an immediate family member.
On motion by Cm. Barnes, and seconded by Cm. Raley, and by a
unanimous voice vote, the item was continued to the December 2,
1985 Planning Commission meeting.
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SUBJECT: 7.3 PA 85-077 Zoning Ordinance Amendment Regarding
Recrational Vehicles (R.V. Ordinance) (continued
from October 7 and 21 and November 4, 1985,
Planning Commission meetings).
Cm. Mack opened the public hearing. Mr. Tong opened the Staff
presentation by requesting that public testimony be limited to
discussion of new issues. Mr. Tong gave a brief chronology of
the actions leading up to the preparation of the proposed
ordinance amendment.
Cm. Raley requested clarification concerning the wording in the
latest draft ordinance as it related to vehicle parking in the
main portion of the front yards of residential properties.
Mr. Gonsalves stated concern about how the draft ordinance would
impact one-vehicle owners whose single vehicle is a R.V. unit.
His specific concern was whether under that particular situation
the vehicle owner could park the R.V. unit in the driveway. Mr.
Tong provided clarification on the matter indicating that the
proposed definition of storage of vehicles would make such
parking allowable as long as parking did not occur for more than
72 hours in a 96 hour period.
Mr. Johnson, elaborating further on the point raised by Mr.
Gonsalves, stated that many elderly residents may be in a
situation where they leave their property only once a week,
thereby putting them into conflict with the driveway parking
restriction proposed in the draft ordinance.
Virginia Horner (Ashford Way) stated that while R.V. unit parking
in front yards would appear to be both unsafe and unattractive,
she suggested that the Commission condider adopting a grandfather
clause so that the new regulations would become applicable only
upon the resale of residential units.
John Hayward indicated he forsees enforcement problems relating
to the proposed definition of vehicle storage.
Self Kahn (Harlan Road) urged the Commission to call for the use
of a public referendum to sound out the desires of the entire
community as it relates to the R.V. unit parking issue.
Elliot Healy (Amarillo Drive) requested a clarification on the
screening requirement proposed.
Mary Tuma (Dublin Green Drive) stated that in response to
concerns about the City's liability exposure, it should be noted
that all licensed drivers are required by law to carry insurance.
Ms. Tuma also stated that visitors to Dublin traveling in R.V.
units add money (through sales tax) to the City coffer.
Jake Green (Sheffield Lane) voiced concerns regarding how
enforcement of the new ordinance would occur.
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Hans Heighdorn (Via Zapata Court) stressed that the difference I
between parking and long term vehicle storage must be addressed
adequately by the new ordinance.
Mike Hammer (Livermore resident) stated his observation that an
extraordinary number of R.V. units seemed to be parked throughout
the residential streets of the City of Dublin.
On motion by Cm. Raley, and seconded by Cm. Barnes, and by a
unanimous voice vote, Cm. Mack closed the Public Hearing.
Cm. Petty observed that new discussion had occured on two issues,
the City's liability exposure and the use of a public
referrendum. While indicating general support of the current
draft of the ordinance, Cm. Petty voiced his concerns about
allowing parking of R.V. units in front yard areas due to the
possibility of liability exposure to the City.
Cm. Barnes indicated that she'd be unable to support the draft
ordinance in its current form. The basis of her problem with the
draft ordinance was indicated to be tied to aesthetic
considerations she has that run counter to allowing R.V. unit
parking to occur in any portion of front yard areas.
In response to a request from Cm. Raley, Mr. Tong indicated that
he'd check with the City Attorney as to the City's liability
exposure that may result from the parking of R.V. units in front
yard areas.
Mr. Raley indicated he'd like the draft ordinance to be adjusted
specifically prohibit parking of any type of vehicle in the main
portion of front yard ares (i.e., the "wide" side of the front
yard adjoining the driveway). Mr. Raley continued by stating his
support of use of some type of grandfather clause that could be
used in conjunction with adoption of a new ordinance that would
prohibit any R.V. unit parking in front yard areas. Mr. Raley
reiterated his concern that enforcement of R.V. unit storage in
driveway areas would be beyond realistic enforcement by the City.
Cm. Mack also indicated support for use of a grandfather clause
which would apply new standards only on new residents and which
would probhit any R.V. unit parking in front yard areas. Cm.
Mack stated opposition to an ordinance revision that would allow
R.V. unit storage any where in front yard areas.
The item was continued by consensus direction from the Commission
with a stated intent that the meeting of December 2, 1985, be
located in a bigger meeting room, with an early starting time,
and that the public hearing be reopened at that hearing.
SUBJECT: 7.4 PA 85-017 Kaufman and Broad of Northern
California, Inc. (Applicant and Owner) Planned
Development (PD) Prezoning and Rezoning,
Annexation, Tentative Map, and Site Development
Review applications involving a 14.4+ acre portion
of the Nielsen Ranch Subdivision (Tentative Map
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4859) at the extension of Silvergate Drive north
of Hansen Drive (continued from the October 7 and
November 4, 1985, Planning Commission meeting).
Cm. Mack opened the public hearing. Mr. Gailey presented the
Staff report summarizing the status of Staff's review of site
Plan Alternates A& B which had been submitted by the applicant.
Mr. Gailey indicated that modifications to the draft Planned
Developmemt Rezoning ordinance had been made to facilitate
discussion by the Commission.
Mr. Ron Grudzinski, representing Kaufman & Broad of Northern
California, Inc., gave a lengthy presentation restating the
majority of points raised within his presentation to the
Commission at the November 12, 1985, meeting.
Mr. Grudzinski detailed his objections to new Conditions 61, 62,
64, 65, & 66 which had been placed into a revised draft of the
Planned Development Rezoning Resolution.
In response to an inquiry from Cm. Petty, Mr. Grudzinski
indicated this would be the first multiple family residential
project of this type that Kaufman and Broad would develop.
John Johnson stated concerns about both the single family and
multiple family projects relating to project fencing, drainage
and grading.
Don Babbitt, representing the Dublin Chamber of Commerce,
indicated the Chamber's support of this type of housing stock.
Zeff Kahn questioned the appropriatness of the site's assigned
general plan density range and stated his opposition of
development of townhomes in the foothills area. Mr. Kahn
challenged the applicant's statement regarding income levels
necessry to qualify for loans on the proposed units and also
stated his concerns about the lack of provision of a formal
recreation area.
Jim Abrew (Amarillo Court) stated concerns about drainage and
potential flooding along Martin Canyon Creek.
On motion by Cm. Raley, and seconded by Cm. Barnes, and by
unanimous voice vote, Cm. Mack closed the Public Hearing.
Cm. Raley directed Mr. Tong to have the City Engineer go out to
the Estrella Court area to assure that Kaufman and Broad rectify
any erosion problem they had created.
Cm. Raley stated his opinion that the project development plans
represent an attempt to over build the site, indicating a loss of
5-6 units seemed appropriate. Cm. Raley continued by calling for
the provision of a passive recreation use on the eastern side of
the project. For the western side of the project, Mr. Raley
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again called for provision of an active use (tennis courts, pools
or equivelent) and indicated he did not support the sports court
layout presented by the applicant for that side of the project.
In regards to Martin Canyon Creek, Cm. Raley reiterated his
position that the project should be designed so as to have the
creek serve as a project accent but not to be designed to provide
access to the creek. Cm. Raley indicated a desire to see the
unit density in the south portion of the eastern half of the
project decrease.
Cm. Raley stated support of the use of a Public Hearing for the
Site Development Review application and his opposition to a
requirement to have a perimeter rod-iron project fence installed.
Cm. Petty stated support for the latest configuration of the
passive recreation area detailed for the east half of the
project. Cm. Petty continued by stating that as regards the west
half of the project, his inclination was still towards the use of
a pool-type facility, but he did not want to specifically dictate
a specific type of an active recreation use.
Cm. Mack indicated support for the intent of Condition #65
( dealing with the active recreation use on the west half of the
project). She indicated that the size of the recreation area
would be dictated by the type of activities it would ultimately
carry. Cm. Mack opposed the sport court concept presented by the
applicant for this area.
Cm. Barnes stated support for use of a passive recreation area,
not an active recreation, for the west half of the project and
stated she didn't agree with the recommended loss of units.
Mr. Grudzinski made a statement regarding the amount of time
taken to process the application and asked that a December 2,
1985, continuence date be observed.
On consensus direction by the Commission, the item was continued
to the December 2, 1985 hearing.
SUBJECT: 7.5 PA 84-077 Zoning Ordinance Amendment Regarding
Sign Regulations (continued from various Planning
Commission meetings).
Cm. Mack opened the public hearing. Mr. Gailey advised the
Commission that the draft ordinance had been reviewed by the City
Attorney and had been modified to reflect his comments. Mr.
Gailey stated that an appendix to the sign regulations providing
graphic depictionof some of thse signs would be presented later
to the Commission for review and comment. Mr. Gailey finished
his presentation by indicating Staff was recommending the
Commission adopt the draft ordinance prepared for this matter
which would recommend the City Council adopt the Zoning Ordinance
Amendment regarding Sign Regulations.
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On motion by Cm. Raley, and seconded by Cm. Barnes, and by
unanimous voice vote, Cm. Mack closed the Public Hearing.
On motion by Cm. Raley, and seconded by Cm. Barnes, and by
unanimous voice vote, the Planning Commission voted to adopt the
ordinance pertaining to the sign regulations.
RESOLUTION NO. 85-053
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
RECOMMENDING THAT THE CITY COUNCIL ADOPT REORGANIZED
AND MODIFIED SIGN REGULATIONS
There was acknowledgement by the Commission that the Board of
Directors of the Dublin Chamber of Commerce had indicated their
support of the draft sign regulations.
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NEW BUSINESS
None.
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UNFINISHED BUSINESS
None.
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OTHER BUSINESS
None.
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PLANNING COMMISSIONERS' CONCERNS
None.
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ADJOURNMENT ~
There being no further business, the meeting was adjourned at
12:12 a.m.
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Respectfully submitted,
~u.- C~-.-l
Plan ing Co ssion Chairman
Laurence L. Tong,
Planning Director
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