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HomeMy WebLinkAbout01-28-2003 PC MinutesA regular meeting of the City of Dublin Planning Commission was held on Tuesday, January 28, 2003, in the Dublin Civic Center City Council Chambers. Chairperson Fasulkey called the meeting to order at 7:00 p.m. ROLL CALL Present: Commissioners, Fasulkey, Jennings, Nassar, King and Machtmes; Jeri Ram, Planning Manager; Marnie Waffle, Assistant Planner; John Bakker, City Attorney; and Autumn McGrath, Recording Secretary PLEDGE OF ALLEGIANCE TO THE FLAG Cm. Fasulkey led the Commission, Staff, and those present in the pledge of allegiance to the flag. ADDITIONS OR REVISIONS TO THE AGENDA The Minutes of December 10, 2002 were approved as submitted; the minutes of January 14, 2003 meetings were approved with correction. ORAL COMMUNICATIONS - None WRITTEN COMMUNICATIONS - None Planning Commission 9 Regular Meeting January 28, 2003 PUBLIC HEARING 8.1 PA 03-002 - Zoning Ordinance Amendment to Chapter 8.76, Off-Street Parking and Loading Regulations Ms. Ram gave a background of the item, noting that the City Council had directed Staff to present to the Commission an item that would consider a modification of the City's enclosed parking requirements for single-family residential dwelling units. She explained that by eliminating the requirement for two enclosed off-street parking spaces and requiring only two off-street parking spaces, garage conversions would be possible. Ms. Waffle presented a Power point presentation of the proposed Zoning Ordinance amendment to the off-street parking and loading regulations, and discussed the reasons that the community may benefit from allowing garage conversions, as well some of the issues that may arise as a result of garage conversions. Ms. Ram reminded the Commission that in order to implement an ordinance change, the Planning Commission would need to make a recommendation to the City Council, for approval or approval with changes or conditions. She added that the Commission could recommend to not approve the ordinance change. Cm. King asked if the only change in the proposed Zoning Ordinance as presented was eliminating the word "enclosed" from the text. Ms. Ram stated that the change was also in the qualifier in the chart of the ordinance, explaining that the ordinance was changed in two places. Cm. Nassar asked questions about the off-street parking that would be required if the garage conversion was allowed, and how the on-street parking would be impacted. Ms. Ram explained that if a homeowner wanted to convert the garage, they would be required to show that they had two full-size off-street parking spaces, which translates into using the driveway in most cases. She added that by eliminating the garage as a potential place for parking vehicles, a multi-car family could potentially use the street as well to park their vehicles. Cm. Nassar asked if there have been studies to predict use of the street for parking if the enclosed garage-parking requirement was eliminated. ®fanning Commission 10 qLeguFar ~deeting January 28, 2003 Ms. Ram answered that there have been no studies, and that it would be hard to predict since it would vary from person to person. Cm. King asked if the regulations were changed, what the impact would be to the Homeowners' Association regulations that might apply. Ms. Ram stated that the City does not enforce Homeowners' Association regulations. Cm. Jennings expressed concern that the issue at hand was removing the word "enclosed" from the parking regulations, but that the issue appeared to actually be an issue of garage conversions. She noted that these were separate issues and asked how these issues would come under the same ordinance. Ms. Ram answered that the City Council had recommended that Staff remove the word "enclosed" for the purpose of allowing garage conversions, and that the presentation by Staff was to provide a balanced view of the issue. Cm. Machtmes asked if there are currently any regulations or restrictions for on-street parking, such as how much time, how many cars, etc. Ms. Ram stated that there are no restrictions except in Eastern Dublin where some planned developments allow parking only on one side of the street due to the narrow streets. Cm. Fasulkey asked if a poll had been conducted of other cities policies for garage conversion. Ms. Waffle noted that there had not been specific studies, but that based on the information she had received while in contact with other cities in California, the majority do not allow garage conversion unless the parking requirement can be met. Cm. King asked if the cities that allow conversion (when the parking requirement was met) required design standards. Ms. Waffle stated that she did not have sufficient information to answer that question, but knew of one city that allowed garage conversions when the parking requirement was met that had design standard requirements as well. ~fannintt Commission q(eguFar ~4eeting 11 ~Tanuary 28, 2003 Ms. Ram stated that if design standards were a concern, the Commission could recommend a Conditional Use Permit (CUP) process that would allow all conversions to be heard by the Planning Commission. There were questions and discussion between Staff and the Commission regarding specifics of the parking ordinance, the consequences of the proposed change, and the possible impact to the community. Cm. Fasulkey noted for the record that the City received 13 letters from citizens of Dublin who were in favor of the amendment and requested that the parking ordinance be amended to allow garage conversion and non-enclosed parking. He then opened the public hearing and asked if anyone from the public wished to address the Commission. There were four citizens who addressed the Commission in favor of amending the parking ordinance to allow garage conversion. Ms. Esther Vigil stated that she has been a homeowner in Dublin since 1979, and has converted a portion of her garage for a dark room. She noted that she did not obtain permits at the time to save on costs, and had been advised that if the ordinance were not amended to allow garage conversions, she would be required to take down her dark room or apply for a variance. She added that she is still able to park in her garage, while other neighbors use their garages for storage, thereby parking on the street or driveway. She stated that she was in favor of amending the parking ordinance. Mr. Fernando Carranza stated that he has been a resident of Dublin since 1987, and wanted to advise the Commission that he was in favor of amending the parking ordinance to allow garage conversions. He noted that large families needed to convert their garages to provide additional housing area. Ms. Catherine Brown spoke and stated that she had understood the issue to be off-street parking, rather than garage conversion. She stated that she was in favor of eliminating the word "enclosed" from the parking regulations in order to allow homeowners to use their garages for storage or other uses. She noted that her family needed to store items in the garage since they did not have a basement and had a small yard which could not contain a storage shed. She added that due to the high costs of housing in the Bay Area, homeowners are not always able to move into larger homes as their family sizes grow, and needed to be able to convert their garages to provide more living space. ®fanning Commission q(ett ufa r ~I eet in9 12 ~Tanuary 28, 2003 Mr. Glenn Stapleton stated that he has been a resident at his current address in Dublin for 27 years and was in favor of amending the parking regulations ordinance to enable use of the garage for other purposes than enclosed parking for vehicles. When the citizens had finished addressing the Commission, Cm. Fasulkey asked if anyone else wanted to address the Commission; hearing none, he closed the public hearing, and the Commission deliberated. Cm. King asked what the conversion requirements were for the City. Mr. Gregory Shreeve, Building Official, gave testimony regarding the permits required for garage conversions and information regarding requirements of different conversion uses. Cm. Machtmes expressed support for garage conversions, providing the normal building and business requirements were met. Cm. Jennings noted that as a general rule other cities do not allow garage conversions and that the City could have consequences that result from garage conversions, citing a situation where a conversion resulted in a massive fire. She also reiterated that she thought the parking regulations and garage conversions should be separate issues. Ms. Ram stated that if the Commission wanted more study on the issues of concern that Staff could be directed to further investigate and report back to the Commission with the findings. Upon deliberation, Cm. Fasulkey stated in summary that the Commission needed to provide Staff with direction on how to proceed, and needed to determine if there was concurrence with the Council's direction and intent of the ordinance change. He added that if the Commission could concur with the intent, Staff could be directed to provide alternafives and studies regarding aesthetics and design standards; impact on traffic and safety; infrastructure impact issues such as garbage collection; how broad the scope of potential conversions would be; how to incorporate design standards; and how to address "grandfathering'. Cm. Fasulkey then asked for a straw poll, and Cm. Nassar, Cm. King and Machtmes were agreeable to the intent of the Council's ordinance subject to further studies and further criteria for garage conversion. Cm. Jennings stated that she did not have sufficient information to concur with the intent. &(annin~ Commission 13 qLegufar gteeting ~Tanuary 28, 2003 Cm. Fasulkey asked for a motion to continue Item 8.1 to date uncertain; on motion by Cm. King, seconded by Cm. Machtmes, and a vote of 5-0, the Planning Commission unanimously approved to continue the matter. NEW OR UNFINISHED BUSINESS 9.1 Brown Act and Political Reform Act Requirements Presentation and Outline Mr. Bakker presented the outline prepared by the City Attorney that discusses two of the State laws, the Brown Act and Political Reform Act Requirements, which he explained and defined for the Commissioners. There was discussion between Mr. Bakker and the Commissioners about, specifics of the Brown Act, which requires that all meetings must be open, including Commissions, and prevents discussion of issues that are within the subject matter jurisdiction by a majority of the Commissioners outside of a meeting. He also discussed the Political Reform Act Requirements, which states that they may not take action on matters that would be a financial conflict of interest. Mr. Bakker informed the Commission about the Fair Political Practices Commission (FPPC), which is a body that can provide formal legal advice and also informal advice over the telephone. He encouraged the Commissioners to contact the City Attorney's office or the FPPC for questions regarding the Political Reform Act Requirements. OTHER BUSINESS Ms. Ram reminded the Commission of the League of Cities Conference on March 20-22, 2003, and acknowledged that all of the Commissioners except for Cm. Nassar are scheduled to attend. Ms Ram advised the Commission about the Commercial Linkage Study Committee that is investigating the impact on housing due to the business development. She noted that the findings of the study would mean a fair fee on new commercial construction and reported that the Commercial Linkage Study Committee needed a Planning Commission appointed member from the business community. She asked if any of the Commissioners were interested in serving on this Committee. Cm. Nassar stated that he would be interested in serving on the Commercial Linkage Study Committee, and asked for details about the time required for serving on the Committee. ~fanning Commission 14 ~LettuFar ~teeting January 28, 2003 Ms. Ram related that she estimated the time of service on the Committee to be six to eight months, possibly four hours a month. Cm. Fasulkey asked for a recommendation to appoint Cm. Nassar to the Committee; on motion by Cm. King, seconded by Cm. Jennings, Cm. Nassar was appointed to the Commercial Linkage Study Committee. Ms. Ram discussed the Goals and Objectives meeting to be held on March 1, 2003, and advised the Commissioners that she would forward the specifics to them shortly. Ms. Ram discussed the future City Council and Planning Commission meeting items. ADJOURNMENT The meeting was adjourned at 9:00 p.m. ATTEST: Pla~n~Manager o~mission~son G: \ MINUTES \ 2003\ Planning Commission \ 1-28-03 pc min.doc ~[anning Commission qLeguFa r ~4 eet ing 15 January 28, 2003