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HomeMy WebLinkAbout07-22-2003 PC MinutesCALL TO ORDER A regular meeting of the City of Dublin Planning Commission was held on Tuesday, July 22, 2003, in the Council Chambers located at 100 Civic Plaza. Chair Fasulkey called the meeting to order at 7:00 p.m. ROLL CALL Present: Commissioners Fasulkey, Jennings, Nassar, and Machtmes; Jeri Ram, Planning Manager; Kristi Bascom, Associate Planner; Pierce Macdonald, Associate Planner; and Maria Carrasco, Recording Secretary. Absent: Cm. King ADDITIONS OR REVISIONS TO THE AGENDA - None MINUTES OF PREVIOUS MEETINGS - July 8, 2003 were approved as submitted. ORAL COMMUNICATION - None WRITTEN COMMUNICATIONS - None PUBLIC HEARINGS: 8.1 PA 03-012 Tri Valley Auto Wholesale -- Conditional Use Permit amendment for an existing auto sales and service establishment for additional outdoor vehicle display at Tri-Valley Auto Wholesale, an auto sales and service establishment at 6398 Dougherty Road #10-12 (A proposed amendment to Conditional Use Permit PA 02-019) Cm. Fasulkey opened the public hearing and asked for the staff report. Ms. Bascom explained that the applicant Danny Jones has submitted a letter before them tonight with a request to withdraw their application to amend the conditional use permit. Cm. Fasulkey closed the public hearing and accepted the withdrawal of the application. 8.2 PA 03-024 Arragon Large Family Day Care - Conditional Use Permit application for a large family daycare (up to 14 children) in a single-family home located at 6071 Round Hill Drive in Dublin. The applicant currently operates a small family daycare in this location and is proposing to expand the operation. The operating hours for the daycare are Monday - Friday 6:00 a.m. to 6:00 p.m. Cm. Fasulkey opened the public hearing and asked for the staff report. Ms. Bascom explained that the applicant has requested a Conditional Use Permit for a large family daycare home (up to 14 children) in a single-family home at 6071 Round Hill Drive Applicant currently operates a small family daycare home (up to 8 children) at the residence and is looking to expand the operation. No special planning permits are required for a small daycare home, but a CUP is required for a large daycare in a residential neighborhood. The daycare will be open from 6:00 a.m.- 6:00 p.m., Monday - Friday. The main issues of concern for residential daycare homes are noise, parking, and traffic. Condition of Approval no. 4 states that noise shall be controlled onsite and that no outside activity may take place before 9:00 a.m. This should ensure that children playing outdoors in the early morning hours do not disturb neighbors on either side of the project site. Ms. Bascom explained that Condition of Approval no. 10 states that no more than two homeowner vehicles may be kept at the site and that the garage must be kept free and clear for the homeowner vehicles. With this condition, the driveway parking and on-street parking immediately in front of the house are empty during the hours of operation so that parents dropping off and picking up their children may use them. This should help ensure that parent parking does not impact adjacent neighbors. Because of the natural staggering of drop off and pick up times, there should not be a great concentration of vehicles to and from the site at any particular time. However, at the current time, Round Hill Drive is receiving more traffic than usual. The last few homes in this neighborhood will be under construction shortly, and until they are finished, some of the streets in the neighborhood are closed due to the construction. The remaining homes are receiving building permits and construction should be complete in 6 months. Staff received several letters from neighbors who expressed concerns about traffic, noise, and parking impacts. Those letters are attached to the staff report for review. An Initial Study for this project was prepared and the public notice circulated according to the CEQA guidelines. It was determined that the proposed project would not have a significant effect on the environment and a Negative Declaration was prepared. Staff concluded its presentation stating that the large family daycare home would have limited impacts on the surrounding neighborhood with the Conditions of Approval as proposed. Staff believes that the application meets all of the findings for a CUP per the zoning ordinance, and recommends that the Commission adopt the attached resolutions to adopt the Negative Declaration and approve the Conditional Use Permit. Cm. Nassar asked if there is a limit on the amount of daycare facilities in one area. Ms. Bascom stated the City does not have an ordinance that limits over concentration. Doina Frentescu, Zoning and Planning Solutions representing the applicant, stated Ms. Bascom did a great job presenting the project. She explained that she walked through the neighborhood and spoke to Ms. Aragon's neighbors and received 24 signatures for a petition in favor of the project. The majority of the neighbors have small children and are looking forward to the daycare. Cm. Fasulkey asked if there was a cover letter on the petition giving detail to the project. Ms. Frentescu stated no. She explained that she went door to door and explained the project. The homeowners association required to have a petition signed by at least 20 neighbors in favor of the project. Cm. Jennings asked if the Department of Social Services for the State of California have square footage requirements for a residential daycare. Ms. Frentescu stated that Ms. Aragon is working with the State of California to meet all their requirements. Cm. Jennings asked how many employees would the daycare employ? Ms. Frentescu stated two adults. Cm. Jennings asked if any requirements for the applicant to have early childhood education. Ms. Frentescu responded no. Cm. Jennings asked the hours of the daycare. Ms. Frentescu responded the hours of operation are 6:00 a.m. to 6:00 p.m. Cm. Jennings asked the ages of the children currently. Ms. Frentescu stated 1 1/2 to 2 years old. Cm. Jennings asked the difference between a home daycare and a nursery school. Ms. Frentescu directed the question to Ms. Shawna Brown. Cm. Nasser asked Ms. Frentescu what the issues are from the neighbors opposed to the project. Ms. Frentescu said the neighbors are concerned with the increase of traffic the project would impose. Cm. Machtmes asked where the children's play area would be. Ms. Frentescu said the children are very small and currently play in playpens. Cm. Fasulkey asked if Ms. Aragon was available. Ms. Frentescu stated she is not here. Shawna Brown, Child Care Commtmity Specialist with Child Care Links, stated her primary reason for attending is to speak on the need of childcare in Eastern Dublin. She stated she is not representing Ms. Aragon. Child Care Links was recently funded by the City of Dublin to do a recruitment program for family childcare providers. Fasulkey asked if Ms. Aragon a typical target for their recruitment. Ms. Brown said Ms. Aragon is already licensed and cares for children from newborn to fives years old. She is not serving school age children. Cm. Jennings asked the difference between family childcare and nursery school and what the curriculum would be for the Aragon Daycare. Ms. Brown stated that family childcare is designed to mimic a natural home setting. They are not required to have early childcare education but go through CPR Training and health and safety. A thorough background check is also conducted. Family childcare is operated out of a home and a nursery is operated out of a center. She presented the Commission with a chart illustrating the need for childcare in Eastern Dublin. Cm. Fasulkey asked her to verbalize the data on the chart for the record. Ms. Brown stated there is Dougherty Road Elementary that offers childcare but is full to capacity. She explained that, based on the population in Eastern Dublin from 2000 Census, there are 4,694 households that may need childcare and there is roughly 1,600 slots for daycare in Eastern Dublin. Cm. Fasulkey thanked Ms. Brown for her presentation. Patty Rodriguez, 6048 Round Hill stated that she signed the petition but has changed her mind due to the traffic issue with all the construction. Cm. Nassar asked if the current traffic situation is temporary. Ms. Rodriguez responded yes. Cm. Fasulkey asked Ms. Rodriguez counted the vehicles coming and going. Ms. Rodriguez stated there were approximately 20 cars coming and going from 4:30 p.m. to 7:00 p.m. Gayle Covart, 6068 Round Hill stated she lives directly across from the Ms. Aragon. She moved in to the neighborhood last year and was not aware of the daycare. She explained that her hours vary due to her job. She received the letter from the City and attended the meeting to express that she is opposed to daycare increasing in the number of children. She also has concerns about her property value dropping with a daycare. Cm. Jennings explained to Ms. Covart that her resale value is safe because the daycare does not have to be disclosed. Mr. Pfund, Tri Valley Martial Arts, stated that he would like to add his opinion on the project. He stated there is a severe shortage of daycare in the area. The City of Dublin has funded the Child Care Links to continue the project. The State of California does not have enough money to fund programs so any childcare that can be provided should be seriously considered. Cm. Fasulkey asked if there were any other questions; hearing none he closed the public hearing. Cm. Fasulkey asked Staff about the traffic impacts that may be imposed with the project. Ms. Bascom stated the traffic engineer reviewed the project and the impacts are very minimal. Cm. Machtmes asked if there is mitigation for the traffic. Ms. Bascom said there are not any conditions to mitigate the traffic but there are mitigation measures for the parking. Cm. Nassar asked if construction would commence soon in the area. Ms. Bascom responded that traffic should be commencing within the next six months. Cm. Nassar asked if the issue of traffic is just during the time the children are dropped off and picked up. Ms. Bascom said the hours for the facility are 6:00 a.m. to 6:00 p.m. but there is a window in the morning and afternoon when kids are dropped off and picked up. Cm. Machtmes said he would like to support the project because there is an enormous need for daycare but would like reassurance that the traffic will not be an issue with excessive cars in the street. Ms. Bascom stated that when a child is dropped off the child must be signed in and signed out and out. She stated that Conditional Use Permits have a provision for an annual review where nuisances or issues could be brought forward. Ms. Ram stated if the City receives complaints about parking or traffic issues, the Code Enforcement Officer would investigate at that time. They City's traffic engineer has indicated that there is no quantitative traffic problem. Therefore it is a perceived traffic issue because the traffic is perceived to be greater than in a typical neighborhood but the City has not received any complaints for existing daycares in Dublin and does not see it to be a problem. On motion by Cm. Nassar 2"a by Cm. Machtmes by a vote 3-1-1 with Cm. Jennings opposed and Cm. King absent the Planning Commission approved RESOLUTION NO. 03-40 A RESOLUTION OF THE PLANNING COMMISSION ADOPTING A NEGATIVE DECLARATION FOR PA 03-024 A LARGE FAMILY DAYCARE HOME CONDITIONAL USE PERMIT REQUEST IN A PD (PLANNED DEVELOPMENT) ZONING DISTRICT AT 6071 ROUND HILL DRIVE RESOLUTION NO. 03-41 A RESOLUTION OF THE PLANNING COMMISSION APPROVING PA 03-024 A CONDITIONAL USE PERMIT REQUEST FOR A LARGE FAMILY DAYCARE HOME CONDITIONAL USE PERMIT REQUEST IN A PD (PLANNED DEVELOPMENT) ZONING DISTRICT AT 6071 ROUND HILL DRIVE Cm. Fasulkey asked Ms. Ram to explain the appeal process. Ms. Ram explained the appeal process. 8.3 PA 02-058 Tri Valley Martial Arts Studio/Youth Center - Conditional Use Permit Application to allow the establishment of a martial arts studio and youth center with an after-school/summer program within an existing 4,200 square foot tenant space at 7233 Regional Street. Cm. Fasulkey opened the public hearing Ms. Macdonald presented the staff report. The Applicant, Mr. John Pfund, requests Planning Commission approval to operate a martial arts studio and youth center with after-school, day and summer programs, named Tri-Valley Martial Arts. The business is located within a tenant space at 7233 Regional Street. The tenant space is approximately 4,200 square feet. If approved, the martial arts studio/program would be used for child, youth and adult martial arts classes, ages 4 and over, with class sizes of 1 to 40 students, and day, after-school and summer youth programs. The studio will teach other leadership skills in addition to martial arts. She would like to make a correction; the staff report states they will teach computer skills, which is incorrect. The center will have 2-5 employees. No youth center programs are proposed on the weekend, although regular martial arts classes are held on the weekend. Business hours are 7:15 a.m. to 9 p.m. Monday to Friday and 10 a.m. to 3 p.m. on Saturday. Cm. Fasulkey asked if the Applicant was taking over Ray Gracie's studio. John Pfund stated he is a subtenant and not involved with the studio. Ms. Ram stated the permit under review is Tri Valley Martial and the subtenant is not part of this application. Cm. Fasulkey stated Mr. Gracie is a neighbor but has not financial connection with him or his studio. Ms. Macdonald stated that City Staff reviewed the existing shared parking condition in the shopping center. The required parking for the martial arts studio is 61 parking spaces. With the addition of the proposed martial arts studio, the combination of uses in the shopping center would require 516 spaces, according to the Zoning Ordinance's Off-Street Parking and Loading Regulations. The Zoning Ordinance allows reductions of required parking for individual uses under certain conditions. In Section 8.76.050.E, a reduction in required parking may be made if a parking study analyzes the parking demand of similar uses, demonstrating that the required standards are excessive and proposing an alternative standard which would ensure that there is not a parking deficiency and that overflow parking would not adversely impact adjacent uses. In conclusion, the City's Traffic Engineer reviewed the shortage of 16 parking spaces. The City Traffic Engineer determined that a reduction of 16 from the martial arts center requirement, through limiting class size and employees, would satisfy the parking demand in the shopping center. A recommended Condition of Approval would limit class size to 40 students and to five employees at any one time. Therefore, Staff recommends a parking reduction for the martial arts studio from 61 parking spaces to 45 spaces. No exterior changes are proposed for the new use. Signage consistent with the existing Master Sign Program of the shopping center is proposed. The proposed project was reviewed by all appropriate departments and agencies, and Conditions of Approval have been incorporated to ensure that the project would operate consistent with the Conditional Use Permit findings. The Applicant has reviewed the draft Conditions of Approval and agreed to comply with the City's requirements. Cm. Nassar asked the rationale for limiting the class size. Ms. Macdonald stated it was based on the parking requirements. Cm. Fasulkey asked for the applicant's presentation. John Pfund, Owner of Tri Valley Martial Arts explained his program. He stated that his program teaches focus, discipline, respect and self-confidence to students that will be leaders of the community. His after school program allows children to make more productive use of their time for parents who work full time. Cm. Jennings asked about the hours the students are dropped off. Mr. Pfund stated that during the summer he runs an all day fun camp. During the school year he has approximately 5 children that are taken to school from his facility. Cm. Jennings asked if he provides activity for the kids before school. Mr. Pfund stated they get to play on the mats or watch television. Cm. Jennings asked the hours during the school year. Mr. Pfund stated the facility is open 7:15 a.m. to 9:00 p.m. Cm. Nassar asked what type of qualifications are required for an employee. Mr. Pfund stated his employees come directly out of his martial arts classes. Cm. Nassar asked about the quality of the project. Mr. Pfund stated he has been studying martial arts for 26 years as well as child development. Aruna Dhall, 3990 Stoneridge Drive stated she is in favor of the project. Her child attends the after school program and is happy with the program. She stated that she has never had a problem with the parking. Jason Baker, 39 Roatan Court stated he is in favor of the program. The qualifications of the employees have been developed by John and the employees are exceptional individuals. His daughter has been attending for 16 months and he is very happy with the changes in her attitude and morale. Ms. Shawna Brown, Child Care Links, stated the program resembles an official after school daycare program. She asked why the program has not become a licensed program. She would like to see health and safety codes looked at as well as criminal background checks. Mr. Pfund addressed the question on daycare licensing and stated the reason their program chooses not to become a licensed daycare is because of all the red tape and the limits that are imposed with a license. Cm. Fasulkey closed the public hearing. He asked Staff if they are comfortable with the explanation on being exempt from licensing. Ms. Ram stated that staff has reviewed the project and looked at the issues related to the project. Because they are working with children, Staff contacted other agencies to ensure child safety. The Police Department required conditions of approval to address child safety. Mr. Pfund has agreed with all the conditions of approval. Cm. Jennings asked to address the applicant. Cm. Fasulkey re-opened the public hearing. Cm. Jennings asked if transportation is provided for the children to and from school. Mr. Pfund stated yes. They provide transportation to all the schools in Dublin, Pleasanton, San Ramon and a portion of Danville. Metro Cab provided the transportation last year but it is now provided in house. Cm. Jennings asked if they still use taxi cabs to transport the children. Mr. Pfund responded no. Cm. Fasulkey asked if there were any other questions, and hearing none he closed the public hearing. Cm. Jennings asked if the background fingerprinting is sent to the State of California, Department of Justice. Ms. Ram responded yes. On motion by Cm. Machtmes, 2"° by Cm. Nassar, by a vote of 4-0-1 with Cm. King absent the Planning Commission approved. RESOLUTION NO. 03 - 42 A RESOLUTION OF THE PLANNING COMMISSION APPROVING ESTABLISHMENT OF A MARTIAL ARTS CENTER CONDITIONAL USE PERMIT LOCATED AT 7233 REGIONAL STREET, APN 941-0305-021 NEW OR UNFINISHED BUSINESS - None Cm. Jennings stated Dublin Theater Company has trash and debris behind their facility. Ms. Ram stated she would have the City's Code Enforcement Officer investigate the issue. OTHER BUSINESS (Commission/Staff Informational Only Reports) ADJOURNMENT - The meeting was adjourned at 8:40 p.m. Rer, pegt fully stt'lpmitted, [ '~Plannin~ Commission ChiCn Plannin~-l~a~ager