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HomeMy WebLinkAboutAttach 7 Ltr from M Kyle - AttyMcN~CHOL$ RANDICK O'DEA & TOOLIATOS LLP ATTORNEYS AT LAW April 12, 2004 RECEIVED PR 1 2 2004 DUBLIN PLANNING Ms. Janet Harbin City of Dublin Planning Department 100 Civic Plaza Dublin, CA 94568 PA99-064 Quarry Lane School, Phase II, Site Developtnent Review Land Use~O179. 001 Dear Ms. Harbin: As I have previously advised, I represent the interests of Mr. Robert Nielsen, 6407 Tassaj ara Road, Pleasanton, CA 94588. Mr. Nielsen's property shares a common boundary line with Quarry Lane School to the north of the school location. His home sits at an elevation of approximately 540-550 feet. Mr. Nielsen has requested that I review the available data concerning the applicant's Request for Site Development Review, Phase II, with certain variations from the original project conditions imposed by the Dublin City Council in December, 2002. Specifically, it appears that the applicant has requested an increase in total building size from 66,685 square feet to 70,289 square feet, for a total increase of 3,604 square feet. In addition, through information relayed to me by my client, whether as the result of previous miscalculation or some other factor, the applicant seeks to reduce the total site parking spaces from 166 to 149 spaces. Assuming this base number is correct, this represents a total reduction of seventeen (17) spaces. As I understand it, the applicant has characterized these variations as "minor amendments", and seeks administrative review only without further review by the Dublin City Planning Commission and/or City Council. For reasons which I will develop below, in my client' s opinion these variations are not minor, and he strongly requests that this application be submitted to the Planning Commission for update and full review. I wish to point out that I have unfortunately not had very much time to review this matter, and I am raising issues based on my limited opportunity for review and my past recollection of events which have transpired since the original Alameda County approval for Phase I of this project in 1999. As I am sure you are aware, both the immediate surrounding environment as well as points beyond the 'xX fsdcllpv\prolawdocs\n0179 001 \75214.doc ACHIEVING F~ESULT$ ATTACHMENT 7 THROUGH iNNOVATIONTM 5000 Hopyard Road, Suite 400 Pleasanton, California 94588-3348 Telephone 925-460-3700 Fax 925-460-0969 www. McNicholsLaw.com Ms. Janet Harbin City of Dublin April 12, 2004 Page 2 Dublin City limits (e.g., the Windemere project) have created additional potential impacts on this project site. First of all, with respect to the impact of the reduction in number of parking places, the "Public Notice" indicates a reduction from 166 to 149 spaces. By my calculation, this represents a reduction often percent (10%). A quick review of the traffic study which was submitted in July of 2000 by Abrams Associates, 2815 Mitchell Drive, Suite 120, Walnut Creek, CA 94598, under signature of Mr. Steve Abrams, indicated that his study was based on a projected 175 parking spaces on site (Abrams, supra, p. 22). Obviously, based on a total of 175 spaces the magnitude of this change (down to 149) grows proportionately! A fair review of the Abrams traffic study/report indicates that onsite circulation and parking availability is critical. First of all, he cites the fact that imposing a school zone speed reduction to 25 mph on Tassajara (currently a two-lane road at the site, but expected to be enlarged to four lanes with center median) would be unwise and unnecessary. He indicated that this conclusion was justified because the school has sufficient onsite parking and circulation area and was far enough removed from the actual roadway. It is your writer's opinion shared by my client that a reduction in parking spaces - for whatever reason - will require an updated traffic study/report to take into consideration possible queuing on Tassaj ara and whether or not implementation of additional measures (e. g., requiring a right-turn lane, etc.) should be made as additional requirements. Next, the Public Notice also indicates that the applicant seeks to increase the approved building size from 66,685 square feet to 70,289 square feet. Based on an average classroom square footage of 400-500 square feet (cf Eichleay Engineers, Inc. of California, Ground Floor Classroom Plan, Phase II, Sheet A2.0), this would allow an additional five (5) to seven (7) classrooms. This in turn would significantly increase the potential total enrollment at the school. With all due respect, in my client's opinion this is not a "minor" or "insignificant" variation. And further, whether the increased floor area would or would not be devoted to additional classrooms, a change of this magnitude must have some impact on the total HVAC requirements for the structure. This in turn, given the roof line of this building (approximately 520 feet elevation) and Mr. Nielsen's nearby residence (540-560 feet elevation) will most likely result in potential increased noise impacts to Mr. Nielsen's residence. Again, it is respectfully requested that this matter be referred to the Planning Commission for additional review and consideration of whether or not additional modifications and/or mitigation can be imposed as project conditions to ameliorate the potential adverse noise impact(s) to the Nielsen residence. Finally, Mr. Nielsen objects to the usage of a mere addendum for site development review CEQA compliance under CEQA Guideline, section 15164. Given the magnitude of the potential negative impacts this variation from the original design and scope, which was approved in December, 2000, requires additional CEQA analysis and reporting. Ms. Janet Harbin City of Dublin April 12, 2004 Page 3 Thank you for this opportunity to comment on the project on behalf of my client. Obviously, if you have any questions or require additional information, I am available at your convenience. Needless to say, both I and my client would appreciate immediate notification of the Community Development Director's action on this matter. Thank you for your continuing courtesy and cooperation. Very truly yours, MEK/sb cc: Robert Nielsen Jr.