HomeMy WebLinkAboutPC Minutes 03-16-1992 o.-,...--~-
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Reqular Meeting - March 16, 1992
A regular meeting of the City of Dublin Planning Commission was held
on March 16, 1992, in the Dublin Civic Center Council Chambers. The
meeting was called to order at 7:30 p.m. by Chairperson Zika.
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ROLL CALL
Present: Commissioners Barnes, North, Rafanelli and Zika; Laurence L.
Tong, Planning Director; Maureen O'Halloran, Senior Planner; Dennis
Carrington, Senior Planner; Libby Silver, City Attorney; Brenda
Gillarde, Planning Consultant; Delmar Tompkins, Planning Intern and
Gail Adams, Recording Secretary.
Absent: Commissioner Burnham
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PLEDGE OF ALLEGIANCE TO THE FLAG
Cm. Zika 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
Minutes for the March 2, 1992 meeting were approved.
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ORAL COMMUNICATIONS
None
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WRITTEN COMMUNICATIONS
None
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Regular Meeting PCM-1992-45 March 16, 1992
[3-16min]
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PUBLIC HEARINGS
SUBJECT: PA 92-007 Tots University Conditional Use Permit request to
allow the operation of a day care facility for a maximum of
34 children located at 7890 Oxbow Lane
Cm. Zika opened the public hearing and asked for the staff report.
Mr. Delmar Tompkins presented the staff report to the Commission. He
indicated that the property owner for 7872 Oxbow Lane, which was
adjacent to this facility, had concerns with parking, noise and
signage for the day care facility. Mr. Tompkins noted that a
condition was being added requiring that one parking space in the
existing driveway needed to be kept clear to accommodate vehicles
dropping off and picking up children attending the facility. All the
rest of the concerns were addressed in the draft resolution of
approval.
Mr. Tompkins referred to page 8, Condition #7 of the resolution,
indicating that it should read "the facility", not "two facilities".
Cm. North asked if the City required a certain number of adults at the
day care facility at any one time. What was the ratio between adults
and children?
Mr. Tompkins indicated that the State controlled the licensing of the
facility. The State regulated the ratio between staff .and children.
Cm. Zika asked if the renter next door from the day care facility had
any concerns.
Mr. Tompkins indicated there had been no complaints from the tenant.
The property owner based his concerns on past experiences with the day
care facility under different ownership.
Cm. North asked if the adults supervising the facility had been
cleared by the police department.
Ms. O'Halloran reiterated that the State regulates the licensing of
the facility.
Pauli Pagnini, Applicant, indicated that the State required one adult
for every 12 children and were fingerprinted by the police department.
She indicated that she had no concerns with Staff's recommendations.
Cm. Barnes asked what were the age limits of the children.
Ms. Pagnini indicated that the children were 2-5 years old.
Bill Jenkins, 7965 Gun Shot Court, had concerns with the traffic and
noise created by the day care facility. The property was run down and
felt that large day care facilities should be discouraged. He
mentioned that the previous applicant, Eleanor Todd, only had 15-20
children at the facility.
Regular Meeting PCM-1992-46 March 16, 1992
[3-16min]
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Kurt Schoening, Gun Shot Court, felt that the facility was too small
for 34 children.
Wade Draper, 7965 Gun Shot Court, had concerns with the additional
traffic and limited parking. The Dental Lab located on Starward Drive
behind the day care facility had their employees parking on the street
which created a parking problems.
Cm. North asked how large the back yard area was.
Ms. Pagnini referred to Exhibit A and indicated that the State
approved the lot size.
Cm. Zika closed the public hearing.
On motion from Cm. North with the added condition and corrections
noted by Staff, seconded by Cm. Barnes, and with a vote of 4-0, the
Commission adopted
RESOLUTION NO. 92 - 018
APPROVING PA 92-007 TOTS UNIVERSITY DAY CARE CONDITIONAL USE PERMIT
REQUEST TO ALLOW THE OPERATION OF A DAY CARE FACILITY (COMMUNITY
FACILITY) IN AN R-1-B-E. SINGLE FAMILY RESIDENTIAL DISTRICT
AT 7890 OXBOW LANE
Cm. Rafanelli asked about the Dental Lab and its parking situation.
Mr. Tong indicated that this was a zoning investigation matter. This
location was a temporary one; however, Staff would review the parking
regulations for the site.
Cm. Zika requested that Staff keep the concerned individuals informed.
SUBJECT: PA 88-144 Western Dublin General Plan Amendment, Specific
Plan, Environmental Impact Report (EIR), Prezoning,
Amendment to the Sphere of Influence, and Annexation to the
City of Dublin and the Dublin San Ramon Services District
(continued from the March 16, 1992 Planninq Commission
meeting)
Ms. Brenda Gillarde indicated that the Environmental Impact Report
portion of the public hearing had been closed at the March 2nd
Planning Commission meeting. The General Plan Amendment and Specific
Plan portion, however, had been continued from the previous meeting.
The Planning Commission had the option to close the public hearing for
the General Plan Amendment and Specific Plan at tonight's meeting.
Ms. Gillarde summarized the staff report. The report addressed three
items; a) comments made by Zone 7 and DSRSD's regarding the water
supply issues; b) written comments received on the EIR; and (c)
options available on various issues of the project.
Ms. Gillarde outlined the rest of the public hearings for the Western
Dublin ro'ect. She ho ed that by the April 20th meeting draft
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Regular Meeting PCM-1992-47 March 16, 1992
[3-16min]
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resolutions/recommendations could be reviewed by the Planning
Commission.
The Commission asked if there were any additional comments on the
General Plan Amendment and Specific Plan. Staff reminded everyone
that the EIR portion of the public hearing was already closed.
John Anderson had concerns with revisions to the existing General Plan
policies. He felt that filling the open space to create a golf course
was against the guiding policies of the General Plan. He had concerns
that the oak woodlands could not be replaced once they were destroyed
and would eventually become extinct. He felt that the golf course
should be set up as naturally as possible in order to save the natural
resources of the area.
Shaw Jennings had concerns with the Brittany Lane road extension which
would create additional traffic and safety hazards.
Greg Tibold was in agreement with Staff's recommendation to only allow
74 dwelling units on the Cronin property.
John Anderson had concerns with landslides and asked who would be
responsible for the open space maintenance. Would there be a
geological abatement district?
Mr. Tong responded that there would be a whole new set of ineetings at
the City Council level to address this issue. He was not sure if
this issue required a formal open discussion before the Planning
Commission and City Council.
Cm. Zika reminded the public that there would be more opportunities to
speak regarding the responsibility of the open space.
Cm. Zika asked if requested, could a public hearing be required to
discuss the open space maintenance issues.
Mr. Tong indicated yes.
David Bewley concurred with Mr. Anderson. He agreed with Staff's
current recommendations regarding the allowance of only 74 units on
the Milestone property. He reminded the Commission that this was
their last shot and hoped the land would be used wisely.
Glenn Brown, Milestone Development, recognized the concerns regarding
the Brittany Lane extension. He indicated that their objective may
not be met if the project was decreased to 74 units.
Cm. Zika closed the public hearing on the General Plan Amendment and
Specific Plan.
Cm. Zika noted that the Planning Commission's decisions were
recommendations to the City Council. There would be more
opportunities for public comments. The City Council would make the
final decisions.
Regular Meeting PCM-1992-48 March 16, 1992
[3-16min]
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Ms. Gillarde indicated that it was now time to hear from the Planning
Commission, any questions or comments they might have. They could
begin by discussing the Environmental Impact Report.
Cm. Zika commented that he had serious concerns with the water
supplies and sewer capacities. He had listened to the DSRSD and Zone
7's discussions; however was not comfortable with the needed supply.
He felt that this issue might become a fiscal liability to the City.
He felt that the Cronin development should be reduced to 74 units.
Cm. North had concerns with water supply. He did not feel comfortable
approving a plan hoping there would be enough water for the project.
He requested clarification on who would be paying for the cost of
water - everyone or the new property owners. He concurred with Cm.
Zika's comments.
Mr. Tong indicated that there was never any guarantees regarding water
supplies. DSRSD had a commitment to supply water to the Dublin area.
Water rates would increase for everyone and there would probably be a
larger increase to the new users. There was a representative present
from DSRSD that could confirm this statements.
Bert Michalczyk, DSRSD, responded that the new development would pay
for the water. There would be zone charges for the new areas. They
had the authority to increase any and all water related fees.
Cm. North asked if he understood the process in calculating connecting
fees and was the $8,000 fee per dwelling unit correct.
Mr. Michalczyk indicated that the process in deriving at the figure
was correct and the amount was accurate.
Mr. Tong referred to City Council minutes attached to the staff
report. Zone 7's representative indicated that it would cost between
$4-8,000 per dwelling unit to provide water services.
Mr. Michalczyk indicated that these figures were not exact; however
not out of line. He noted that if it keeps raining, there will be
water available. The average consumption has gone down due to
conservation. Dublin's average is 140-150 gallons per day.
Cm. Zika noted that studies show that water could be supplied to a
future population figure of 174,000 for the Tri-Valley area. Does
this assume 100~ of the State's water allocations.
Mr. Michalczyk indicated that there was a first come, first serve
policy. With normal amounts of rainfall, there was a chance that
everyone could have enough water supply without the State water
project. The reports typically do not look at reclaimed water as part
of the water supply. A consultant will be preparing an options
report regarding additional water sources.
Cm. North asked if Zone 2 and 7 were working together.
Regular Meeting PCM-1992-49 March 16, 1992
[3-16min]
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Mr. Michalczyk indicated that Zone 2 was responsible for flood control
only. Zone 7 had potable water and was hoping to annex the area
outside of its boundaries.
Cm. North asked if Zone 7 could supply water to the Zone 2 area which
was outside of its boundaries.
Mr. Michalczyk stated that contract agreements needed to be worked
out. He was not aware of the legal issues. They were in support of
the annexation. The whole project will go before LAFCO for a
decision.
Mr. Tong concurred with Mr. Michalczyk's remarks. The General Plan
Amendment/Environmental Impact Report facilitates the annexation into
the City limits. The school district's boundaries needed to be
reviewed by the Alameda County Superintendent of Schools.
Cm. North felt that the amount of adverse effects to the site should
be reduced or mitigated. He requested that Staff summarize all of the
agencies requirements and time frames for all regulations. He
indicated that some situations did not have any mitigations at all and
felt that there should be some way of eliminating the impacts on the
site.
Ms. Gillarde stated that there were alternatives discussed in the
report, such as a smaller scaled project, limiting removal of trees,
etc.
Cm. North had concerns with the tree replacement 3 to l ratio over a
5-10 year period.
Mr. Tong referred to page 16-1 of the EIR where alternatives were
summarized. There were legal requirements involved.
Cm. Rafanelli referred to Eden Development's letter dated February 14,
1992 address to Larry Tong regarding road construction and requested
clarification on right-of-way road dedication.
Ms. Silver indicated that if the property could not be required to be
dedicated, the City has the power to condemn the property.
Cm. Zika asked if bike trails were considered public streets.
Ms. Silver explained that a publicly dedicated bike path was
considered a public street.
Cm. North asked for clarification on the Williamson Act contracts and
if there could be any threat of litigation involved.
Mr. Tong indicated that the City would need to go through the normal
process of cancelling the contracts and could not address Cm. North's
concern at this time.
Ms. Silver reminded the Commission that she had sent a memo dated
January 9th to them regarding the Williamson Act.
Regular Meeting PCM-1992-50 March 16, 1992
[3-16min]
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The Planning Commission requested that all responses to comments and
changes to the EIR be sent to them for review before they start
deliberations on the Environmental Impact Report at the next meeting.
Ms. Gillarde indicated that she would send the information to the
Commission as soon as possible. There were a lot of comments to
respond to.
The Commission continued the special meeting to Monday, March 30,
1992. Another meeting would be held on Thursday, April 2, 1992.
NEW OR UNFINISHED BUSINESS
9.1 Zoninq Clearance Standard Requirements - Draft Standard
Requirements for the followinq Zoninq Clearance items: Christmas
tree sales lots, pumpkin patch, temporary construction trailer,
neiqhborhood/church festival on-site, grand openinq and temporary
promotional siqnaqe and temporary off-site sales or lease signs.
Cm. Zika asked for the staff report.
Ms. O'Halloran presented the staff report to the Commission. She
indicated that Staff had distributed copies of proposed modifications
to the existing standard requirements to the Commission at the
beginning of the meeting. Staff would be adding a condition allowing
an occupied trailer on site for the Christmas tree lots, seasonal
sales lots and pumpkin patch requirements. Condition #12 from
Attachment #3 would be added to Christmas tree lots and seasonal sales
lots (Attachment #1 and #2). Condition #2 of Attachment #8 (temporary
off-site sale or lease signs) would be modified to clarify the
requirements to extend the time limits of the original approval.
Cm. Barnes referred to Attachment #8, Condition #8, and asked Staff to
clarify the 24 square feet.
Ms. O'Halloran explained that the Ordinance specifies square footage.
There were no height regulations. The permitted sign size was
consistent with the Ordinance.
Cm. Zika questioned the fire department's one exit per 200 feet
requirement.
Ms. O'Halloran indicated that this is currently a standard condition
for Christmas tree lots. This standard was inadvertently left off the
standard requirements for Christmas tree lots and seasonal sales lot.
On motion from Cm. Barnes, with the additions/changes noted by Staff,
seconded by Cm. North, and with a vote of 4-0, the Commission adopted
Regular Meeting PCM-1992-51 March 16, 1992
[3-16min]
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RESOLUTION NO. 92 - 019
APPROVING STANDARD REQUIREMENTS FOR ZONING CLEARANCE USES
OTHER BUSINE5S
Mr. Tong indicated that the City Council would be reviewing the Zoning
Ordinance Amendment Study request for C-N Districts at their next
meeting. This amendment would allow commercial recreational uses,
such as karate schools, as permitted uses within C-N Districts. The
Council would also be reviewing the non-conforming sign status report.
PLANNING COMMISSIONERS' CONCERNS
Cm. Barnes had concerns with child care facilities and referred to the
daycare site across the street from Tots University.
The other Commissioners concurred with Cm. Barnes.
Mr. Tong indicated that the City required a use permit if there were
more than six children. He would verify with the State to see if the
facility across the street had a State license.
ADJOURNMENT
The meeting was adjourned at 9:50 p.m.
Respectfully submitted,
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lannin ommissi Chairperson
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Laurence L. Tong
Planning Director
Regular Meeting PCM-1992-52 March 16, 1992
[3-16min]