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HomeMy WebLinkAbout4/17/1989 PC Agenda Development Services CITY OF DUBLIN P '� Planning;Zoning 829-4916 P.O. Box 2340 Building & Safety 829-0822 Dublin, CA 94568 Engineering/Public Works 829-4927 DECLARATION OF POSTING I declare under penalty of perjury that the foregoing Agenda for the Dublin Planning Commission meeting of Ll0_ 1-7 198q, was posted at the Dublin Library, 7606 Amador Valley Boulevard, Dublin, California, on the _Ith-L of Of1) , 19 8C, by `� 'C) p.m. Executed this )° day of j , 1989 at Dublin, California. Laurence L. Tong Planning Commission Secretary by 'j ` f aetai/14(2) Pla, g Secretary AGENDA CITY OF DUBLIN PLANNING COMMISSION Regular Meeting - Dublin Library Monday - 7:00 p.m. 7606 Amador Valley Blvd., Meeting Room April 17, 1989 1. CALL TO ORDER 2. ROLL CALL 3. PLEDGE OF ALLEGIANCE TO THE FLAG 4. ADDITIONS OR REVISIONS TO THE AGENDA 5. MINUTES OF PREVIOUS MEETING - April 3, 1989 6. ORAL COMMUNICATION - At this time, members of the audience are permitted to address the Planning Commission on any item which is not on the Planning Commission agenda. Comments should not exceed 5 minutes. If any person feels that this is insufficient time to address his or her concern, that person should arrange with the Planning Director to have his or her particular concern placed on the agenda fnr a future meeting. 7. WRITTEN COMMUNICATIONS 8. PUBLIC HEARINGS 8.1 PA 88-133 Ashcroft - Appeal of the Zoning Administrator's action denying a Variance request to allow a 7'7" high fence (now existing) where a maximum height of 6' is permitted at 11452 Winding Trail Lane 8.2 PA 89-001 Petra), - Appeal of the Zoning Administrator's action denying a Variance request to allow an 8' high fence (nnw existing) where a maximum height of 6' is permitted at 11450 Winding Trail Lane 8.3 PA 88-139 Crown Chevrolet Conditional Use Permit and Site Development Review for exterior car storage and employee/customer parking on approximately 1.97 acres of vacant land located on Golden Gate Drive, south of 7544 Dublin Boulevard 9. NEW OR UNFINISHED BUSINESS 10. OTHER BUSINESS 11. PLANNING COMMISSIONERS' CONCERNS 12. ADJOURNMENT (Over for Procedures Summary) DUBLIN PLANNING COMMISSION PROCEDURES SUM4ARY WELCOME to the Dublin Planning Commission meeting. The Planning Commission is made up of five Dublin residents who have volunteered their services to the community. They were appointed by the Dublin City Council. The Planning Commission encourages and appreciates participation by Dublin residents. Regular meetings of the Planning Commission are held on the first and third Mondays of each monta in the Dublin Library Meeting Room, 7606 Amador Valley Boulevard, Dublin. TIME: Planning Commission meetings begin at 7:00 p.m. No new public hearing item will begin after 10:30 p.m., and the meetings will be adjourned by 11:00 p.m., except under unusual circumstances where the Commission votes to hear the item or to extend the meeting for 30-minute increments. ITEMS NOT ON THE AGENDA: No action shall be taken on any item not appearing on the posted agenda unless: 1) the Planning Commission determines by majority vote that an emergency situation exists, as defined in the Government Coda 2) the Planning Commission determines by a two-thirds vote, or by a unanimous vote if only three members are present, that the need to take action arose after the agenda was posted; or 3) the item was included in a posted agenda for a prior meeting held within five (5) calendar days and was continued to the current meeting. ORDER OF PRESENTATION: After the Chairperson opens the public nearing on an item, the order of presentation will be as follows: 1) Summary Presentation by Planning Staff 2) Questions by Planning Commission 3) Comments by Applicant 4) Comments by Others in Favor 5) Comments by Those in Opposition 6) Rebuttal by Applicant if Necessary 7) Additional Comments by Staff as Appropriate The hearing is then closed and the item turned over to the Commission for discussion and action. The audience is not permitted to make any further comments unless invited by the Planning Commission. PUBLIC COMMENTS UNDER ORAL COMMUNICATIONS: Any citizen desiring to speak on an item not scheduled on the agenda may do so under Oral Communications at the beginning of the meeting. After receiving recognition from the Chairperson, please state your name and address, then proceed with your comments. When an item not on the agenda is raised by a member of the public, the matter shall be deemed automatically referred to Staff unless the Planning Commission determines to take action as outlined in the section above entitled ITEMS NOT ON THE AGENDA. PUBLIC COMMENTS ON A HEARING ITEM: On a public hearing or other scheduled item, the Chairperson will ask the audience for its comments, first from those in favor, then from those in opposition. After receiving recognition from the Chairperson, please state your name and address, then proceed with your comments. The Planning Commission wants to hear all citizen concerns. Each new speaker is asked to be brief, add new information, and not repeat points which previous speakers have made. The Planning Commission is particularly interested in the specific reasons why the speaker is for or against an item. Applause and other demonstrations are prohibited during public hearings. Such demonstrations tend to intimidate those in the audience who may have valid but opposing viewpoints. The Chairperson maintains the discretion to request the use of Speaker Slips and to limit comments. Anyone who does not want to speak may write comments on the Speaker Slip and turn it into the Planning Commission while the public hearing is still open. SMOKING CONTROL: Please do not smoke during the Planning Commission meeting. ITEM WITHOUT APPLICANT: If the applicant or representative fails to attend the public hearing concerning their item, the Planning Commission may take action to deny, continue, or approve the item. The item may be considered for continuance upon receipt of written notification of the applicant's inability to attend the hearing. CITY OF DUBLIN PLANNING COMMISSION AGENDA STATEMENT/STAFF REPORT Meeting Date: April 17, 1989 TO: Planning Commission FROM: Planning Staff REPORT WRITTEN BY: Rod Bargerr,, enior Planner SUBJECT: PA 88-133 Ashcroft Fence Variance GENERAL INFORMATION: PROJECT: Appeal of the Zoning Administrator's decision to deny a Variance request to allow a 7'7" high fence (now existing) where a maximum height of 6' is permitted APPLICANT: Gordon Ashcroft 11452 Winding Trail Lane Dublin, CA 94568 LOCATION: 11452 Winding Trail Lane Dublin, CA 94568 ASSESSOR PARCEL NUMBER: 941-2772-104 PARCEL SIZE: 2400+ square feet GENERAL PLAN DESIGNATION: Medium Density Residential EXISTING ZONING AND LAND USE: PD - Planned Development District/129 unit Multi-Family Townhouse Development SURROUNDING LAND USE AND ZONING: North: Single-Family Residential/PD-Planned Development District South: Vacant County Land/(A) Agricultural District East: Single-Family Residential/R-1-B-E West: Single-Family Residential/PD-Planned Development District ZONING HISTORY: The subject property was a portion of the Neilson Ranch area zoned by Alameda County into a Agricultural District in 1956 (96th Zoning Unit). In 1980, Alameda County amended its General Plan to changing the Neilson Ranch land use designation from Agricultural to Residential, including both single-family and multi-family land use designations. ITEM NO. Q Jr COPIES TO: Applicant Owner File PA 88-133 PA 85-017 - On January 13, 1986, the Dublin City Council approved a Planned Development pre-zoning and re-zoning of this 14.9 acre site from a Planned Development (PD) District allowing both single-family and multi-family residential uses to a PD allowing multi-family residential uses. PA 86-021 - On May 23, 1986, the Planning Director approved a Site Development Review application to allow the development of a 129 unit multi-family townhouse project on this 14.9+ acre site. APPLICABLE REGULATIONS: Section 8-60.55(d) (Fence Height Limitations) of the City Zoning Ordinance establishes 6 feet as the maximum permitted height for fences, walls and hedges in a residential district. Section 8-93.0 (Variance) indicates that the strict terms of the Zoning Ordinance may be varied in specific cases upon affirmative findings of fact upon each of these three requirements: a) that there are special circumstances including size, shape, topography, location or surroundings, applicable to the property which deprive the property of privileges enjoyed by other property in the vicinity under the identical zoning classifications; b) that the granting of the application will not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone; and c) that the granting of the application will not be detrimental to persons or property in the neighborhood or to the public welfare. Section 8-93.1 - .4 establishes the procedures, required action and effective date for granting or denying a Variance, and indicates the granting of a Variance shall be subject to conditions, limitations and guarantees. ENVIRONMENTAL REVIEW: This project has been found to be Categorically Exempt from CEQA under Section 15303, Class 3(e) of the California Environmental Quality Act Guidelines NOTIFICATION: Public Notice of the April 17, 1989, hearing was published in The Herald, mailed to adjacent property owners, and posted in public buildings. BACKGROUND: On March 14, 1989, the Zoning Administrator held a public '.searing to consider a Variance application from Gordon Ashcroft to allow a 7'7" high fence (now existing) where a maximum height of 6' is permitted. After receiving testimony from Staff, the Applicant and the general public, the Zoning Administrator adopted Resolution No. 04-89 denying PA 88-133, the Ashcroft Variance request. On March 24, 1989, Mr. Ashcroft appealed the Zoning Administrator's decision to the Planning Commission. This Variance application is a result of the Building Inspector identifying this zoning violation in the field. He alerted the Zoning Investigator of the violation and she consequently contacted the Applicant, indicating that he would either have to lower the height of the fence to 6 feat (or less) or apply for a Variance. The Applicant decided to apply for the Variance. • -2- ANALYSIS: The subject site is a part of Kaufman & Broad's recently completed California Vista townhouse development located just off of Silvergate Drive and Rolling Hills Drive. The site in question fronts on Winding Trail Lane, which is one of the streets running through the development. The rear and side portions of the Applicant's property front on Rolling Hills Drive. The Applicant has constructed a 1 foot 7 inch addition to the height of their 6 foot tall redwood fence, resulting in a total fence height of 7 feet 7 inches. The fence extension is constructed of redwood lattice material. The Applicant has indicated that the additional fence height is needed to provide privacy to his enclosed rear yard area from pedestrians walking along Rolling Hills Drive. Rolling Hills Drive is located to the north and it is elevated above the grade of the subject site. In order for the Applicant to retain the existing 7 foot 7 inch high fence, a Variance must be granted. Prior to granting the Variance, three mandatory findings of fact must be made. These findings state: 1) that there are special circumstances relating to physical characteristics (such as lot size, shape, and topography) which would deprive the property owner of privileges enjoyed by others in the identical zoning district; 2) that the granting of the Variance does not constitute a grant of special privileges; and 3) that the Variance will not be detrimental to the neighborhood. A review of the request reveals there are no special circumstances relating to the physical features of the site which would •warrant granting the Variance. Although the topography of Rolling Hills Drive in relation to the subject site, allows partial views into portions of the Applicant's rear yard, there are similar circumstances in the City where the same situation occurs. These include: (1) a majority of the units in the California Vista project fronting on Rolling Hills Drive and Silvergate Drive; (2) at properties on the east side of San Ramon Road (south of Vomac Road); and (3) at units in the Amador Lakes project along Stage:oach Road. In each of these cases, streets are elevated above the sites allowing views to the residences. The granting of the Variance would constitute a grant of special privilege. Since there are similar situations in the City where the road is elevated above sites and rear yards are enclosed by 6 foot fences, the granting of this Variance would be a special privilege. The granting of this Variance would be detrimental to the neighborhood in that it would set a precedence of allowing fence heights in excess of 6 feet where it is unnecessary. In that there are no special circumstances related to this property which would deprive the property of privileges enjoyed by other properties in the City, Staff recommends denial of the Applicant's request to vary from the maximum permitted fence height. Although Staff recommended denial of this request, Staff presented to the Applicant a number of practical solutions which could assist in attaining his desire to maintain privacy in his rear yard, while at the same time gaining full compliance with City zoning standards. These included: a) planting tall growing trees or shrubs strategically placed around the outside perimeter of the fence (as shown in Attachment 10) which could eventually provide a dense and attractive screening device, and; -3- b) use tall, fan-shaped redwood lattice work plant supports placed in the ground directly adjacant to the interior perimeter of the fence to hold vines, roses or similar spreading type plants, which would eventually provide an effective screening device. The Applicant felt neither of these alternatives would be as effective as the existing illegal fence addition. Because of the above facts, Staff recommends that the Planning Commission uphold the Zoning Administrator's action denying the Variance request. RECOMMENDATION: FORMAT: 1) Open public hearing and hear Staff presentation. 2) Take testimony from Applicant/Appellant and the public. 3) Question Staff, Applicant/Appellant and the public. 4) Close public hearing and deliberate. 5) Adopt Resolution upholding the Zoning Adninistrator's action denying the Variance request, or give Staff and Applicant/ Appellant direction and continue the matter. ACTION: Staff recommends the Planning Commission adopt the attached Resolution upholding the Zoning Administrators action denying PA 88-133 Ashcroft Fence Height Variance ATTACHMENTS: Exhibit A: Draft Resolution upholding the Zoning Administrator's Action denying PA 88-133, Ashcroft Fence Height Variance. Background Attachments: Attachment 1: Applicant's Appeal Letter Attachment 2: Appealable Action Letter dated March 15, 1989, including Resolution No. 4-89 denying PA 88-133 Attachment 3: Minutes from the Zoning Administrator's Public Hearing dated March 14, 1989 Attachment 4: Zoning Administrator Agenda Statement/Staff Report dated March 14, 1989, excluding attachments Attachment 5: Applicant's Written Statement Attachment 6: Elevations Attachment 7: Photographs Attachment 8: Site Plan Attachment 9: Assessor's Parcel Map Attachment 10: Staff Study -4- RESOLUTION NO. 04 - 89 A RESOLUTION OF THE PLANNING COMMISSIO.S OF THE CITY OF DUBLIN UPHOLDING THE ZONING ADMINISTRATOR'S ACTION 'DENYING PA 88-133 ASHCROFT FENCE VARIANCE REQUEST TO ALLOW A 7 FOOT 7 INCH HIGH FENCE (NOW EXISTING) WHERE A MAXIMUM HEIGHT OF 6 FEET I3 PERMITTED AT 11452 WINDING TRAIL LANE WHEREAS, Mr. Gordon Ashcroft filed an application for a Variance from Section 8-60.55(d) of the City's Zoning Ordinance to allow a 7 foot 7 inch high fence on the rear and sideyard property lines at 11452 Winding Trail Lane; and WHEREAS, the application has been reviewed in accordance with the provisions of the California Environmental Quality Act and has been found to be categorically exempt; and WHEREAS, the Zoning Administrator held a public hearing on said application on March 14, 1989; and WHEREAS, proper notice of said public hearing was given in all respects as required by law; and WHEREAS, a Staff Report was submitted recommending denial of the Variance application; and WHEREAS, on March 14, 1989, after hearing and considering all said reports, recommondations and testimony as herein above set forth, the Zoning Administrator denied PA 88-133 Ashcroft Fence Height Variance request at 11452 Winding trail lane; and WHEREAS, on March 24, 1989, Gordon Ashcroft appealed the Zoning Administrator's March 14, 1989 action; and WHEREAS, on April 17, 1989, the Planning Commission held a public hearing to consider said appeal; and WHEREAS, the Planning Commission heard and considered all said reports, recommendations and testimony as hereinabove set forth; and NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission does hereby find that: a) There are no special circumstances including size, shape, topography, location or surroundings, applicable to the property which would deprive the property of privileges enjoyed by other property in the vicinity under the identical zoning classification, in that there are similar topographical conditions for sites along Rolling Hills Drive, Silvergate Drive and San Ramon Road where the street is elevated above the sites and the rear yards are enclosed by 6 foot high fences. b) The granting of the Variance application will constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and zone, in that no special circumstances exist which warrant granting the Variance. Other properties in the City and same zoning district must comply with the fence height limitation imposed by the Zoning Ordinance, unless special circumstances exist. c) The granting of this Variance would be detrimental to the neighborhood in that it would set a precedence of allowing fence heights in excess of 6 feet where it is unnecessary. BE IT FURTHER RESOLVED THAT THE Planning Commission does hereby uphold the Zoning Administrator's action denying PA 88-133 Ashcroft Variance application and further directs the Applicant to bring the fence into conformance with the City's Zoning Ordinance (regulating fences) by lowering the height of the fence to 6 feet or less no later than May 17, 1987. PASSED, APPROVED AND ADOPTED this 17th day of April, 1989. Planning Commission ATTEST: .r.x... t.a:.. «...,»......+.._,..,.«.e......o......,..r. . —LIM - ...+....... .. .u�. ..., -... ✓ T `O ?e_45) 11452°NINOI�NG TRI DR DUBLIN, CA 9456a march 22 , 1989 To the Dublin Dictators : This letter is in responsa to your poorly substanciated reasons for variance denial . You stated that the majority of the homes on Rolling Hills Drive have similar circumstances to my problem , that is incorrect . All fences on Rollings Hills Dr. are "above" sidewalk level "except mine" . I suggest you get out here and take a proper and objective look at my unique problem. Granting a variance is "not" a special privaleoe. What other people except is up to them. I do not accept your pettiness in denying me and not others . This variance will not and is not detrimental to the nei❑hborhood. Therefore , I appeal this appalling decision as grossly unfair and unfeeling . I intend to keep my fence in place . If this cannot be resolved, court action is pendlno . You bureacrates are interfering with constitutional rights , and that is what this country is all about . You are deliberatly denyino me what the Bill of Rights clearly states , and that is against the law. You are unfeeling and unwilling to accept chance when it is obviously needed. If and when the rest of Dublin' s fences are brought into compliance so will I . Sincerely ice. RE ,CEIV. ED i-AAR R': 1989 DUBLIN PLANNING fff I rd v* #ar ,, 9 r, ,,;L:.: = CITY OF DUBLIN -. g2on plannin ing 829-4916 •D �' . ..velopment Services (� Building & Safety 829-0822 P.O. Box 2340 Engineering/Public Works 829-4927 Dublin, CA 94568 APPEALABLE ACTION LETTER Date: March 15, 1989 C IFIED HAIL Re. Planning Applicatio PA 88-133 Ash roft Variance Project Description: ar ance request to allow a 7'7" high fence (now existing) where a maximum height of 6' is permitted • Finance Control #: N/A Project/Site Address: 11452 Winding Trail Lane Assessor Parcel Number(s) : 941-2772-104 Applicant/Property Owner: Gordon Ashcroft ' 11452 Winding Trail Lane Dublin, CA 94568 Dear Applicant: The above referenced project was acted upon on March 14, 1989, by the: X Zoning Administrator Planning Director Planning Commission City Council and was: Approved Approved subject to conditions X Denied Findings are attached. This action becomes final and effective at 5:00 p.m. on March 24, 1989, unless appealed before that time in accordance with the Zoning Ordinance and other applicable regulations. If you have any questions regarding this matter, please contact Rod Barger, the Project Planner, or me. Sincerely, xx � �Dr Laurence L. Tong Planning Director LLT/RB:ga 3 f RESOLUTION NO. 04 - 89 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF DUBLIN DENYING PA 88-133 ASHCROFT FENCE VARIANCE REQUEST TO ALLOW A 7 FOOT 7 INCH HIGH FENCE (NOW EXISTING) WHERE A MAXIMUM HEIGHT OF 6 FEET IS PERMITTED AT 11452-WINDING TRAIL LANE WHEREAS, Mr. Gordon Ashcroft filed an application for a Variance from Section 8-60.55(d) of the City's Zoning Ordinance to allow a 7 foot 7 inch high fence on the rear and sideyard property lines at 11452 Winding Trail Lane; and WHEREAS, the application has been reviewed in accordance with the provisions of the California Environmental Quality Act and has been found to be categorically exempt; and WHEREAS, proper notice of said public hearing was given in all respects as required by law; and WHEREAS, the Zoning Administrator held a public hearing on said application on March 14, 1989; and WHEREAS, a Staff Report was submitted recommending denial of the Variance application; and WHEREAS, the Zoning Administrator heard and considered all said reports, recommendations and testimony as hereinabove set forth; and NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Zoning Administrator does hereby find that: a) There are no special circumstances including size, shape, topography, location or surroundings, applicable to the property which would deprive the property of privileges enjoyed by other property in the vicinity under the identical zoning classification, in that there are similar topographical conditions for sites along Rolling Hills Drive, Silvergate Drive and San Ramon Road where the street is elevated above the sites and the rear yards are enclosed by 6 foot high fences. b) The granting of the Variance application will constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and zone, in that no special circumstances exist which warrant granting the Variance. Other properties in the City and same zoning district must comply with the fence height limitation imposed by the Zoning Ordinance, unless special circumstances exist. c) The granting of this Variance would be detrimental to the neighborhood in that it would set a precedence of allowing fence heights in excess of 6 feet where it is unnecessary. BE IT FURTHER RESOLVED THAT THE Zoning Administrator does hereby deny PA 88-133 Ashcroft Variance application and further directs the Applicant to bring the fence into conformance with the City's Zoning Ordinance (regulating fences) by lowering the height of the fence to 6 feet or less no later than April 14, 1989. PASSED, APPROVED AND ADOPTED this 14th day of March, 1989. Zoning Administrator ATTEST: Senior Planner y r ce`,< _.., b . . y s..r • ',"F 3�`,-�_:r - ,7. ,j- a, r 1pa4 P ° 1°f .+t iYY'ff ... cf E` 4 tr - { #F« ' • �7 �h P a' .�- AY 4� :..6. i W+fYT� FSP,1a f y 7•f '� S, '* f {Z �4 •��# F ;'Iy .� r' 4 .• L fh d{ ty "•� ' ��`.-ay ,�`" Cr�.�l X"a '! t� :" * r� i` 4R - � �.F:+s{ .F,� I' ,. ..s S F: ,,.r�� f.; f'"7'ii'.� S ty t .'%r�s• i f j � a • Zoning Administrator Meeting - March 14, 1989 A meeting of the City of Dublin Zoning Administrator was held on March 14, 1989 in the Conference Room, Suite 210, City of Dublin Offices, 6500 Dublin Boulevard. The meeting was called to order at 9:10 a.m. by Laurence L. Tong, Zoning Administrator. Roll Call PRESENT: Laurence L. Tong, Planning Director/Zoning Administrator, Rod Barger, Senior Planner and Laura Hoffmeister, Associate Planner. Public Hearing SUBJECT: PA 88-133 Ashcroft Fence Height Variance, 11452 Winding Trail Lane Mr. Tong, Zoning Administrator, explained the Variance hearing procedures, opened the public hearing and called for the Staff Report. Mr. Barger indicated that the Applicant was requesting a Variance from Section 8-60.55(d) (Fence Height Limitations) to allow a fence height 7' 7" where a maximum of 6' is allowed. He indicated that the Variance application was a result of the Building Inspector identifying the existing violation in the field. The applicant was asked by the Zoning Investigator to either remove the 1'7" addition or apply for a Variance. The Applicant applied for a Variance. Mr. Barger indicated that the Applicant constructed a 1 foot 7 inch addition to the height of the existing fence resulting in a total fence height of 7' 7" . The fence extension is constructed of redwood lattice material. Mr. Barger indicated that the Applicant needed the additional fence height to provide privacy in his enclosed rear yard area from vehicles and pedestrians traveling along Rolling Hills Drive, which is elevated above the Applicants property. Mr. Barger stated that in reviewing the Variance request there are no special circumstances relating to the physical features of the site which would warrant granting the Variance. He indicated that although the topography of Rolling Hills Drive in relation to the subject site allows views into portions of the Applicants rear yard, there are similar circumstances in the City where the same situation occurs including a majority of the units in the California Vista project fronting on Rolling Hills Drive and Silvergate Drive, as well as at properties on the east side of San Ramon (south of Vomac Road) where these streets are elevated above the sites. h11 . Udi{er iecommended that the onir.g Administrator deny tho Variance in recognition of the findings made and established in the draft Resolution PC d�r;al shown as Exhibit A in the Staff 1oport. -1- (71 pin -7 } . +. ? ckye c s". xtK o;. 'x� Z' z — t };� YP.r ..a,,a '� x1`+. rYt•+' r ,- M •k k& 3�.rX r Y` '5 •r - - uax st•# j -i •u; it t-f,r r ,, r j 1 ,y,f )fit 7 r,f r-; <r P � f- 4 $;144 , k. P r µ ; r sf 3"9.✓ tip rp ,z '�"'a;+r -P+r rz f..tr.Sri-1, ,r. ' p ,+) '•""'� ,,ftl i P�r , .. fk,�yr .. of Eti ? h a si d #a•-� �n"r Y� fi r.: `rr 3f 3. • ..-..............sue...-- '.' ':. ''� r;x-- •.#f.. - s • Mr. Barger also indicated that although he was recommending denial of the Variance he included two alternative solutions which would assist in attaining the Applicants desire to maintain privacy in his rear yard while at the same time gaining full compliance with City zoning standards. First he suggested planting trees or tall shrubs around the exterior perimeter of the fence. Second, he suggested using tall, fan-shaped redwood lattice work plant supports placed in the ground directly adjacent to the interior perimeter of the fence to hold vines, roses or similar spreading type plants. Mr. Barger indicated that he discussed the above mentioned alternatives with the Applicant. However, the Applicant was not in favor of either and he preferred to keep his fence. Gordon Ashcroft, the Applicant, 11452 Winding Trail Lane addressed the Zoning Administrator. He indicated that he needed the 7'7" high fence for privacy of his rear yard from pedestrians walking along Rolling Hills Drive. He stated that there are other similar tall fences in the development he lives in and if he has to take his fence down, all of the others in the development would have to do the same. He indicated that his Homeowners Association would not allow landscaping in public areas, so that solution was not feasible. He also stated that he would soon be putting a spa in his back yard and he really needed the tall fence. Mr. Ashcroft asked Staff if there had been any complaints regarding the fence. Mr. Barger indicated that there were no complaints. Mrs. Joseph Petray, 11450 Winding Trail Lane indicated that she is Mr. Ashcroft's neighbor. She spoke in favor of Mr. Ashcroft's Variance. She stated that the alternative landscaping is not acceptable to their Homeowner Association. She stated that the fence looks good and that the lattice alternative recommended by Staff is unattractive. Mrs. Ashcroft spoke in support of the Variance. Mr. Tong told Mr. Ashcroft that if he was going to build a spa in his back yard, he could have a higher fence in conformance with the Zoning Ordinance. The portion of the fence above 6' in height would have to allow 90% light penetration and be made of green or white green translucent fiberglass, or chainlink. Mr. Ashcroft stated that the Homeowners Association would not allow chainlink or fiberglass fencing, nor would they allow additional landscaping in the public areas or any landscaping that is taller than the rear yard fences. Lou Phaneuf, Via Zapata, Dublin, asked Mr. Tong how the 90% light emmission is determined. Mr. Tong indicated that it is measured by a light meter. Mr. Phaneuf asked if the test to determine 90% light emmission for various fence materials is fact or interpretation. Mr. Tong indicated that it is interpretation, Ron Doyle, 8121 Via Zapata indicated that trees and shrubs do not allow 90% light emmission. -2- r • • Mr. Tong indicated that this section of the ordinance does not apply to landscaping, only fences. Mr. Ashcroft indicated that both his and the Petray property need Variance approval for higher fences than 6 feet. Mrs. Petray indicated that there are other fences in their development that have fences higher than 6 feet and she measured them to make sure. She also stated that Kaufman & Broad said it was alright to build a fence in excess of 6 feet and the Homeowners Association approved the fence addition. Mr. Tong closed the public hearing and deliberated. He indicated that he cannot verify what Kaufman & Broad may have said, however, Kaufman & Broad and the Homeowners Association do not determine whether or not this proposal is in compliance with City Zoning standards. The City makes this determination. He indicated that a number of issues regarding this application must be answered including; when will the spa be installed; clarify the Staff alternatives for landscaping and; have the Applicant request, through the Homeowners Association, modifications to the provisions prohibiting landscaping in public areas to consider allowing landscaping that could provide additional screening in public areas. Mr. Tong indicated that he cannot make the findings to support the Variance request in that there are no unique circumstances that warrant approval. Mr. Tong asked Mr. Ashcroft which of the following actions he would prefer to take; 1) have his request be continued so that he could discuss the landscaping alternatives with Staff or; 2) take action on the item today. Mr. Ashcroft indicated that Staff's alternatives are unacceptable and if his application was going to be denied, he would take it to a higher body. Mr. Tong made the findings to deny the Ashcroft Variance request as shown by the draft Resolution in the Staff Report (Exhibit A) . He indicated that this action is appealable within 10 days and if Mr. Ashcroft wished to discuss spa or landscaping options, call Staff. RESOLUTION NO. 04 - 89 DENYING PA 88-133 ASHCROFT FENCE VARIANCE REQUEST TO ALLOW A 7 FOOT 7 INCH HIGH FENCE (NOW EXISTING) WHERE A MAXIMUM HEIGHT OF 6 FEET IS PERMITTED AT 11452 WINDING TRAIL LANE * * * * SUBJECT: PA 89-001 Petray Fence Height Variance, 11450 Winding Trail Lane Prior to opening the Public Hearing on this item, Mrs. Joseph Petray walked out of the meeting. Mr. Tong asked her if she would like to stay for the meeting. Mrs . Petray said she did not want to hear the item because she knew that it would be denied like the Ashcroft Variance was. -3- • CITY OF DUBLIN ZONING ADMINISTRATOR AGENDA STATEMENT/STAFF REPORT Meeting Date: March 14, 1989 TO: Zoning Administrator FROM: Planning Staff SUBJECT: PA 88-133 Ashcroft Fence Variance GENERAL INFORMATION: PROJECT: Variance request to allow a 7'7" high fence (now existing) where a maximum height of 6' is permitted APPLICANT: Gordon Ashcroft 11452 Winding Trail Lane Dublin, CA 94568 LOCATION: 11452 Winding Trail Lane Dublin, CA 94568 ASSESSOR PARCEL NUMBER: 941-2772-104 PARCEL SIZE: 2400+ square feet GENERAL PLAN DESIGNATION: Medium Density Residential EXISTING ZONING AND LAND USE: PD - Planned Development District/129 unit Multi-Family Townhouse Development SURROUNDING LAND USE AND ZONING: North: Single-Family Residential/PD-Planned Development District South: Vacant County Land/(A) Agricultural District East: Single-Family Residential/R-1-B-E West: Single-Family Residential/PD-Planned Development District ZONING HISTORY: The subject property was a portion of the Neilson Ranch area zoned by Alameda County into a Agricultural District in 1956 (96th Zoning Unit). In 198", A'l m d- C..unty Geuerai Flee. ,o ; ch,, Neilson Ranch land use designation from Agricultural to Residential, including both single-family and multi-family land use designations. PA 85-017 - On January 13, 1986, the Dublin City Council approved a Planned Development pre-zoning and re-zoning of this 14.9 acre site from a Planned Development (PD) District allowing both single-family and multi-family residential uses to a PD allowing multi-family residential uses. s. u��.Y� n n PA 86-021 - On May 23, 1986, the Planning Director approved a Site Development Review application to allow the development of a 129 unit multi-family townhouse project on this 14.9+ acre site. APPLICABLE REGULATIONS: Section 8-60.55(d) (Fence Height Limitations) of the City Zoning Ordinance establishes 6 feet as the maximum permitted height for fences, walls and hedges in a residential district. Section 8-93.0 (Variance) indicates that the strict terms of the Zoning Ordinance may be varied in specific cases upon affirmative findings of fact upon each of these three requirements: a) that there are special circumstances including size, shape, topography, location or surroundings, applicable to the property which deprive the property of privileges enjoyed by other property in the vicinity under the identical zoning classifications; b) that the granting of the application will not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone; and c) that the granting of the application will not be detrimental to persons or property in the neighborhood or to the public welfare. Section 8-93.1 - .4 establishes the procedures, required action and effective date for granting or denying a Variance, and indicates the granting of a Variance shall be subject to conditions, limitations and guarantees. ENVIRONMENTAL REVIEW: This project has been found to be Categorically Exempt from CEQA under Section 15303, Class 3(e) of the California Environmental Quality Act Guidelines NOTIFICATION: Public Notice of the March 20, 1989, hearing was published in The Herald, mailed to adjacent property owners, and posted in public buildings. BACKGROUND: This Variance application is a result of the Building Inspector identifying this zoning violation in the field. He alerted the Zoning Investigator of the violation and she consequently contacted the Applicant, indicating that he would either have to lower the height of the fence to 6 feat (or less) or apply for a Variance. The Applicant decided to apply for the Variance. ANALYSIS: The subject site is a part of Kaufman & Broad's recently completed California Vista townhouse development located just off of Silvergate Drive and Rolling Hills Drive. The site in question fronts on Winding Trail Lane, which is one of the streets running through the development. The rear and side portions of the Applicant's property front on Rolling Hills Drive. The Applicant has constructed a 1 foot 7 inch addition to the height of their 6 foot tall redwood fence, resulting in a _.`sl fence height of 7 feat inches. The fence extension is constructed of iedwood lattice material. The Applicant has indicated that the additional fence height is needed to provide privacy to his enclosed rear yard area from vehicles and pedestrians traveling along Rolling Hills Drive. Rolling Hills Drive is located to the north and it is elevated above the grade of the subject site. In order for the Applicant to retain the existing 7 foot 7 inch high fence, a Variance must be granted. -2- Prior to granting the Variance, three mandatory findings of fact must be made. These findings state: 1) that there are special circumstances relating to physical characteristics (such as lot size, shape, and topography) which would deprive the property owner of privileges enjoyed by others in the identical zoning district; 2) that the granting of the Variance does not constitute a grant of special privileges; and 3) that the Variance will not be detrimental to the neighborhood. A review of the request reveals there are no special circumstances relating to the physical features of the site which would warrant granting the Variance. Although the topography of Rolling Hills Drive in relation to the subject site, allows partial views into portions of the Applicant's rear yard, there are similar circumstances in the City where the same situation occurs. This includes a majority of the units in the California Vista project fronting on Rolling Hills Drive and Silvergate Drive, as well as at properties on the east side of San Ramon Road (south of Vomac Road) , where these streets are elevated above the sites. The granting of the Variance would constitute a grant of special privilege. Since there are similar situations in the City where the road is elevated above sites and rear yards are enclosed by 6 foot fences, the granting of this Variance would be a special privilege. The granting of this Variance would be detrimental to the neighborhood in that it would set a precedence of allowing fence heights in excess of 6 feet where it is unnecessary. In that there are no special circumstances related to this property which would deprive the property of privileges enjoyed by other properties in the City, Staff recommends denial of the Applicant's request to vary from the maximum permitted fence height. Although Staff is recommending denial of this request, there are a number of practical solutions which could assist in attaining the Applicant's desire to maintain privacy in his rear yard, while at the same time gaining full compliance with City zoning standards. First, tall growing trees or shrubs strategically placed around the outside perimeter of the fence (as shown in Attachment 6) could eventually provide a dense and attractive screening device. A second alternative would be to use tall, fan-shaped redwood lattice work plant supports placed in the ground directly adjacant to the interior perimeter of the fence to hold vines, roses or similar spreading type plants. This also would eventually provide an effective screening device. Staff discussed the above options with the Applicant. He did not feel that either of them would be as effective as the existing illegal fence addition. RECOMMENDATION: FORMAT: 1) Open public hearing and hear Staff presentation. 2) Take testimony from Applicant and the public. 3) Question Staff, Applicant and the public. 4) Close public hearing and deliberate. 5) Adopt Resolution denying Variance request, or give Staff and Applicant direction and continue the matter. ACTION: Staff recommends the Zoning Administrator adopt the attached Resolution denying PA 8S- 13i Ashcroft Variance -3- ATTACHMENTS: Exhibit A: Resolution of Denial Background Attachments: Attachment 1: Applicant's Written Statement Attachment 2: Elevations Attachment 3: Photographs Attachment 4: Site Plan Attachment 5: Assessor' s Parcel Map Attachment 6: Staff Study -4- RESOLUTION NO. 89 - A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF DUBLIN DENYING PA 88-133 ASHCROFT FENCE VARIANCE REQUEST TO ALLOW A 7 FOOT 7 INCH HIGH FENCE (NOW EXISTING) WHERE A MAXIMUM HEIGHT OF 6 FEET IS PERMITTED AT 11452 WINDING TRAIL LANE WHEREAS, Mr. Gordon Ashcroft filed an application for a Variance from Section 8-60.55(d) of the City's Zoning Ordinance to allow a 7 foot 7 inch high fence on the rear and sideyard property lines at 11452 Winding Trail Lane; and WHEREAS, the application has been reviewed in accordance with the provisions of the California Environmental Quality Act and has been found to be categorically exempt; and WHEREAS, proper notice of said public hearing was given in all respects as required by law; and WHEREAS, the Zoning Administrator held a public hearing on said application on March 14, 1989; and WHEREAS, a Staff Report was submitted recommending denial of the Variance application; and • WHEREAS, the Zoning Administrator heard and considered all said reports, recommendations and testimony as hereinabove set forth; and NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Zoning Administrator does hereby find that: a) There are no special circumstances including size, shape, topography, location or surroundings, applicable to the property which would deprive the property of privileges enjoyed by other property in the vicinity under the identical zoning classification, in that there are similar topographical conditions for sites along Rolling Hills Drive, Silvergate Drive and San Ramon Road where the street is elevated above the sites and the rear yards are enclosed by 6 foot high fences. b) The granting of the Variance application will constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and zone, in that no special circumstances exist which warrant granting the Variance. Other properties in the City and same zoning district must comply with the fence height limitation imposed by the Zoning Ordinance, unless special circumstances exist. c) The granting of this Variance would be detrimental to the neighborhood in that it would set a precedence of allowing fence heights in excess of 6 feet where it is unnecessary. BE IT FURTHER RESOLVED THAT THE Zoning Administrator does hereby deny PA 88-133 Ashcroft Variance application and further directs the Applicant to bring the fence into conformance with the City's Zoning Ordinance (regulating fences) by lowering the height of the fence to 6 feet or less no later than April 14, 1989. PASSED, APPROVED AND ADOPTED this 14th day of March, 1989. AYES: NOES: ABSENT: Zoning Administrator ATTEST: Senior Planner EXIIIBII___A • / , y V,•••/ ,'{.,,/ ',1, 1r•1 /•t pqrrf,,;.f !✓e, ••r • . 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Ii COMMUNITY SSOCIATIONS ONSULTING • 1811 Santa Rita Road • Suite 100 • Pleasanton, California 94566 (415) 462-1010 July 11, 1988 • Mr. and Mrs. Gordon Ashcroft 11452 Winding Trail Lane Dublin, CA 94568 • Re: Silvergate Highlands Homeowners Association Architectural Application Dear Mr. and Mrs. Ashcroft: I am pleased to inform you that the Architectural Committee has elected to approve • your Architectural Application for the construction of a lattice on top of the existing fence. Thank you for your cooperation. Sincerel , � L Jim amona Association Manager JL/jw • • • 1 cc: Agenda Chron. Unit/Owner Arch. 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CITY OF DUBLIN PLANNING COMMISSION AGENDA STATEMENT/STAFF REPORT Meeting Date: April 17, 1989 TO: Planning Commission FROM: Planning�S�ff REPORT PREPARED BY: Rod Barger, Senior Planner SUBJECT: PA 89-001 Petray Variance GENERAL INFORMATION: PROJECT: Appeal of the Zoning Administrator's decision to deny a Variance request to allow an 8 foot high fence (now existing) where a maximum height of 6 feet is permitted. APPLICANT/OWNER: Joseph T. Petray, Jr. 11450 Winding Trail Lane Dublin, CA 94568 LOCATION: 11450 Winding Trail Lane Dublin, CA 94568 ASSESSOR PARCEL NUMBER: 941-2772-103 PARCEL SIZE: 1700+ square feet GENERAL PLAN DESIGNATION: Medium Density Residential EXISTING ZONING AND LAND USE: PD - Planned Development District/ 125 unit multi-family townhouse development SURROUNDING LAND USE AND ZONING: North: Single Family Resideatial/PD - Planned Development South: Vacant County Land/(9) - Agricultural District East: Single Family Residential/R-1-B-E West: Single Family Residential/PD - Planned Development District ZONING HISTORY: The subject property was a portion of the Neilson Ranch araa zoned by Alameda County into an Agricultural District in 1986 (96th Zoning Unit). In 1980, Alameda County amended its General Plan changing the Neilson Ranch land use designation from Agricultural to Residential, including both single- family and multi-family land use designations. COPIES TO: Applicant/Owner ITEM NO. S•2• File PA 89-001 PA 85-017 - On January 13, 1986, the Dublin City Council approved a Planned Development pre-zoning and re-zoning of this 14.9 acre site from a Planned Development (PD) District allowing both single-family and :multi-family residential uses to a PD allowing multi-family residential uses. PA 86-021 - On May 23, 1986, the Planning Director approved a Site Development Review application to allow the development of a 129 unit .nulti-family townhouse project on this 14.9+ acre site. APPLICABLE REGULATIONS: Section 8-60.55(d) (Fence Height Limitations) of the City Zoning Ordinance establishes 6 feet as the maximum permitted height for fences, walls and hedges in a residential district. Section 8-93.0 (Variance) indicates that the strict terms of the Zoning Ordinance may be varied in specific cases upon affirmative findings of fact upon each of these three requirements: a) that there are special circumstances including size, shape, topography, location or surroundings, applicable to the property which deprive the property of privileges enjoyed by other property in the vicinity under the identical zoning classifications; b) that the granting of the application will not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone; and c) that the granting of the application will not be detrimental to persons or property in the neighborhood or to the public welfare. Section 8-93.1 - .4 establishes the procedures, required action and effective date for granting or denying a Variance, and indicates the granting of a Variance shall be subject to conditions, limitations and guarantees. ENVIRONMENTAL REVIEW: This project has been found to be Categorically Exempt from CEQA under Section 15303, Class 3(e) of the California Environmental Quality Act Guidelines. NOTIFICATION: Public Notice of the April 17, 1989, hearing was published in The Herald, mailed to adjacent property owners, and posted in public buildings. BACKGROUND: On March 14, 1989, the Zoning Administrator held a public nearing to consider a Variance request to allow an existing 8' high fence where a maximum of 6' is permitted. The Applicant did not attend the meeting, but its wife was there to represent him. However, after a simliar Variance request was denied at this meeting, Ms. Petray walked out of the meeting prior to the start of the public hearing on her item. As she was walking out, she indicated that there was no use in attending the public hearing since she felt that their Variance request would be denied. The Zoning Administrator suggested that she participate in the hearing, but she declined. The Zoning Administrator went on with the public hearing, received testimony from Staff and adopted Resolution No. 05-89 denying PA 89-001, Joseph Petray Variance request. On March 22, 1989, Mr. Petray appealed the Zoning Administrator's decision to the Planning Commission. This Variance application is a result of the Building Inspector identifying this zoning violation in the field. He alerted the Zoning Investigator of the violation and she consequently contacted the Applicant, indicating that he would either have to lower the height of the fence to 6 feat (or less) or apply for a Variance. The Applicant decided to apply for the Variance. -2- ANALYSIS: The subject site is a part of Kaufman & Broad's recently completed California Vista townhouse development located just off of Silvergate Drive and Rolling Hills Drive. The site in question fronts Winding Trail Lane, which is one of the streets running through the development. The rear and side portions of the Applicant's property front Rolling Hills Drive. The Applicant has constructed a 2 foot addition to taeir 6 foot tall redwood fence, resulting in a total fence height of 8 feet. The fence extension is constructed of redwood lattice material. The Applicant has indicated that the additional fence height is needed to provide privacy to his house and enclosed rear yard area from vehicles and pedestrians traveling along Rolling Hills Drive. Rolling dills Drive is located north of the subject site, and it is elevated above the grade of the site in question. In order for the Applicant to retain the existing 8 foot high fence, a Variance must be granted. Prior to granting the Variance, three mandatory findings of fact must be made. These findings state: 1) that there are special circumstances relating to physical characteristics (such as lot size, shape, and topography) which would deprive the property owner of privileges enjoyed by others in the identical zoning district; 2) that the granting of the Variance does not constitute a grant of special privileges; and 3) that the Variance will not be detrimental to the neighborhood. A review of the request reveals there are no special circumstances relating to the physical features of the site which would warrant granting the Variance. Although the topography of Rolling Hills Drive in relation to the subject site, allows partial views into portions of the Applicant's rear yard and home, there are similar circumstances in the City where the same situation occurs. These include: (1) a majority of the units in the California Vista project fronting on Rolling Hills Drive and Silvergate Drive; (2) at properties on the east side of San Ramon Road (south of Vomac Road); and (3) at units in the Amador Lakes apartment/condominiim complex along Stagecoach Road. In each of these cases, streets are elevated above tae sites, allowing views into the properties. The granting of the Variance would constitute a grant of special privilege. Since there are similar situations in the City where the road is elevated above sites and rear yards are enclosed by 6 foot high fences, the granting of this Variance would be a special privilege. The granting of this Variance would be detrimental to the neighborhood in that it would set a precedence of allowing fence heights in excess of 6 feet where it is unnecessary. In that there are no special circumstances related to this property which would deprive the property of privileges enjoyed by ether properties in the City, Staff recommends denial of the Applicant's request to vary from the maximum permitted fence height. Although Staff recommended denial of this request, Staff provided the Applicant with a number of practical solutions which could assist in attaining the Applicant's desire to maintain privacy in his rear yard, while at the same time gaining full compliance with City zoning regulations. These included: a) utilizing tall growing trees or shrubs strategically placed around the exterior perimeter of the fence (as shown in Attachment 10) which could eventually provide a dense and attractive screening device; and -3- b) utilizing tall fan shaped redwood lattice work plant supports placed in the ground directly adjacent to the interior perimeter 3f the fence to hold vines, roses or similar spreading type plants, which could eventually provide an effective screening device. Staff discussed the above options with the Applicant. He did not feel that either of them would be as effective as the existing illegal fence addition. Because of the above facts, Staff recommends that the Planning Commission uphold the Zoning Administrator's action denying the Variance request. RECOMMENDATION: FORMAT: 1) Open public hearing and hear Staff presentation. 2) Take testimony from Applicant/Appellant and the public. 3) Question Staff, Applicant/Appellant and the public. 4) Close public hearing and deliberate. 5) Adopt Resolution upholding the Zoning Administrator's action denying the Variance request, or give Staff and Applicant/ Appellant direction and continue the matter. ACTION: Staff recommends the Planning Commission adopt the attached draft resolution upholding the Zoning Administrator's action denying PA 89-001 Petray Fence Variance. ATTACHMENTS: Exhibit A: Draft Resolution Upholding the Zoning Administrator's Action Denying PA 89-001, Petray Fence Height Variance Background Attachments: Attachment 1: Applicant's Appeal Letter Attachment 2: Appealable Action Letter dated March 15, 1989 Attachment 3: Minutes from the Zoning Administrator's public hearing dated March 14, 1989 Attachment 4: Zoning Administrator's Agenda Statement/Staff Report dated March 14, 1989, excluding attachments Attachment 5: Applicant's Written Statement Attachment 6: Site Plan Attachment 7: Elevation Attachment 8: Photographs Attachment 9: Assessor's Parcel Map Attachment 10: Staff Study -4- RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSIO9 OF THE CITY OF DUBLIN UPHOLDING THE ZONING ADMINISTRATOR'S ACTION DENYING PA 39-001 PETRAY FENCE VARIANCE REQUEST TO ALLOW AN 8 FOOT HIGH FENCE (NOW EXISTING) WHERE A MAXIMUM HEIGHT OF 6 FEET IS PERMITTED AT 11450 WINDING TRAIL LANE WHEREAS, Mr. Joseph T. Petray, Jr. filed an application for a Variance from Section 8-60.55 (d) of the City's Zoning Ordinance to allow an 8 foot high fence on the rear and sideyard property lines at 11450 Winding Trail Lane; and WHEREAS, the application has been reviewed in accordance with the provisions of the California Environmental Quality Act and has been found to be categorically exempt; and WHEREAS, the Zoning Administrator held a public hearing on said application on March 14, 1989; and WHEREAS, proper notice of said public hearing was given in all respects as required by law; and WHEREAS, a Staff Report was submitted recommending denial of the Variance application; and WHEREAS, on March 14, 1989, after hearing and considering all said resports, recommendations and testimony as herinabove set forth, the Zoning Administrator denied PA 89-001 Petray Fence Height Variance request at 11450 Winding Trail Lane; and WHEREAS, on March 22, 1989, Joseph T. Petray appealed the Zoning Administrator's March 14, 1989 action; and WHEREAS, on April 17, 1989, the Planning Commission 'field a public hearing to consider said appeal; and WHEREAS, proper notice of said public hearing was given as required by law; and WHEREAS, the Planning Commission heard and considered all said reports, recommendations and testimony as hereinabove set forth; and NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission does hereby find that: a) There are no special circumstances including size, shape, topography, location or surroundings, applicable to the property which would deprive the property of privileges enjoyed by other property in the vicinity under the identical zoning classification, in that there are similar topographical conditions for sites along Rolling Hills Drive, Silvergate Drive and San Ramon Road where the street is elevated above the sites and the rear yards are enclosed by 6 foot high fences. b) The granting of the Variance application will constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and zone, in that no special circumstances exist which warrant granting the Variance. Other properties in the City and same zoning district must comply with the fence height limitation imposed by the Zoning Ordinance, unless special circumstances exist. c) The granting of this Variance would be detrimental to the neighborhood in that it would set a precedence of allowing fence heights in excess of 6 feet where it is unnecessary. -1- A BE IT FURTHER RESOLVED THAT THE Planning Commission does hereby uphold the Zoning Administrator's action denying PA 89-001 Petray Variance application and directs the Applicant to bring the fence into conformance with the City's Zoning Ordinance (regulating fences) by lowering the height of the fence to 6 feet or less no later than May 17, 1989. PASSED, APPROVED AND ADOPTED this 17th day of April, 1989. Planning Commission ATTEST: Planning Director -2- 70- tikri /29/9Y-4702A tofio ° 21RAv n ,,L 6ei i Aere4i a,,,„,, odm Ai/S iota. c �ff2;A1-z (L '� f4i.y oMeia pA,ess 2itrf- Doc- / Fleasc- Con tit -%Ai`741 -1►b1, IJ C4- yy 6 ( sT) y33- q � . CITY OF DUBLIN Development Services ( Planning/Zoning 829-4916 P.O. Box 2340 Building & Safety 829-0822 Dublin, CA 94568 Engineering/Public Works 829-4927 APPEALABLE ACTION LETTER Date: March 15, 1989 RFVFZED MAIL Re. Planning Applicatio #: PA 89-001 Petr Variance Project Description: nce request to allow an existing fence height of 8 feet instead of the 6 foot maximum requirement. Finance Control #: N/A Project/Site Address: 11450 Winding Trail Lane Assessor Parcel Number(s) : 941-2772-103 Applicant/Property Owner: Joseph T. Petray, Jr. 11450 Winding Trail Lane Dublin, CA 94568 Dear Applicant: The above referenced project was acted upon on March 14, 1989, by the: X Zoning Administrator Planning Director Planning Commission City Council and was: Approved Approved subject to conditions X Denied Findings are attached. This action becomes final and effective at 5:00 p.m. on March 24, 1989, unless appealed before that time in accordance with the Zoning Ordinance and other applicable regulations. If you have any questions regarding this matter, please contact Rod Barger, the Project Planner, or me. Sincerely, vAl/(2)--- Laurence L. Tong Planning Director LLT/RB:ga ,.,. _.,..> .. .. t'.rs;,:cam=a�_,.rax4.ew.-.-.rwv. . rt•-b.•sr.— . .----------- •--._.--- .__ TTA AY1 • n„l ,4..35.f'�'� taf . ~ U`. > t�'-�a.4' '•c}` '" ..�-agw.�.,a.::�... sc.:'.v'.tu --,.. _ . RESOLUTION NO. 05 - 89 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF DUBLIN DENYING PA 89-001 PETRAY FENCE VARIANCE REQUEST TO ALLOW AN 8 FOOT HIGH FENCE (NOW EXISTING) WHERE A MAXIMUM HEIGHT OF 6 FEET IS PERMITTED AT 11450 WINDING TRAIL LANE WHEREAS, Mr. Joseph T. Petray, Jr. filed an application for a Variance from Section 8-60.55 (d) of the City's Zoning Ordinance to allow an 8 foot high fence on the rear and sideyard property lines at 11450 Winding Trail Lane; and WHEREAS, the application has been reviewed in accordance with the provisions of the California Environmental Quality Act and has been found to be categorically exempt; and WHEREAS, the Zoning Administrator held a public hearing on said application on March 14, 1989; and WHEREAS, proper notice of said public hearing was given in all respects as required by law; and WHEREAS, a Staff Report was submitted recommending denial of the Variance application; and WHEREAS, the Zoning Administrator heard and considered all said reports, recommendations and testimony as hereinabove set forth; and NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Zoning Administrator does hereby find that: a) There are no special circumstances including size, shape, topography, location or surroundings, applicable to the property which would deprive the property of privileges enjoyed by other property in the vicinity under the identical zoning classification, in that there are similar topographical conditions for sites along Rolling Hills Drive, Silvergate Drive and San Ramon Road where the street is elevated above the sites and the rear yards are enclosed by 6 foot high fences. b) The granting of the Variance application will constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and zone, in that no special circumstances exist which warrant granting the Variance. Other properties in the City and same zoning district must comply with the fence height limitation imposed by the Zoning Ordinance, unless special circumstances exist. c) The granting of this Variance would be detrimental to the neighborhood in that it would set a precedence of allowing fence heights in excess of 6 feet where it is unnecessary. BE IT FURTHER RESOLVED THAT THE Zoning Administrator does hereby deny PA 89-001 Petray Variance application and directs the Applicant to bring the fence into conformance with the City's Zoning Ordinance (regulating fences) by lowering the height of the fence to 6 feet or less no later than April 14, 1989. PASSED, APPROVED AND ADOPTED this iwth day of March, 1989. Zoning Administrae ATTEST: Senior Planner Mr. Tong indicated that this section of the ordinance does not apply to landscaping, only fences. Mr. Ashcroft indicated that both his and the Petray property need Variance approval for higher fences than 6 feet. Mrs. Petray indicated that there are other fences in their development that have fences higher than 6 feet and she measured them to make sure. She also stated that Kaufman & Broad said it was alright to build a fence in excess of 6 feet and the Homeowners Association approved the fence addition. Mr. Tong closed the public hearing and deliberated. He indicated that he cannot verify what Kaufman & Broad may have said, however, Kaufman & Broad and the Homeowners Association do not determine whether or not this proposal is in compliance with City Zoning standards. The City makes this determination. He indicated that a number of issues regarding this application must be answered including; when will the spa be installed; clarify the Staff alternatives for landscaping and; have the Applicant request, through the Homeowners Association, modifications to the provisions prohibiting landscaping in public areas to consider allowing landscaping that could provide additional screening in public areas. Mr. Tong indicated that he cannot make the findings to support the Variance request in that there are no unique circumstances that warrant approval. Mr. Tong asked Mr. Ashcroft which of the following actions he would prefer to take; 1) have his request be continued so that he could discuss the landscaping alternatives with Staff or; 2) take action on the item today. Mr. Ashcroft indicated that Staff's alternatives are unacceptable and if his application was going to be denied, he would take it to a higher body. Mr. Tong made the findings to deny the Ashcroft Variance request as shown by the draft Resolution in the Staff Report (Exhibit A) . He indicated that this action is appealable within 10 days and if Mr. Ashcroft wished to discuss spa or landscaping options, call Staff. RESOLUTION NO. 04 - 89 DENYING PA 88-133 ASHCROFT FENCE VARIANCE REQUEST TO ALLOW A 7 FOOT 7 INCH HIGH FENCE (NOW EXISTING) WHERE A MAXIMUM HEIGHT OF 6 FEET IS PERMITTED AT 11452 WINDING TRAIL LANE SUBJECT: PA 89-001 Petray Fence Height Variance, 11450 Winding Trail Lane Prior to opening the Public Hearing on this item, Mrs. Joseph Petray walked out of the meeting. Mr. Tong asked her if she would like to stay for the meeting. Mrs. Petray said she did not want to hear the item because she knew that it would be denied like the Ashcroft Variance was. -3- ' +p, ,,a ft u 3; ,... • T c ,,. .r * < r '..<_. s i s, ,, + -, -` i.--aa r x ., .., t ar t , _ 'F 'f ,--' e...:„i e .rr s�, .F?t •;.... .✓.t; '` .+i 7 Fg ',Ere' r.. rk r` w-r - FG N~-f j` Ji r ' . s -' a9 > s '1% , <' � 1s .. ?�'t '.,�, 3 ram`�,5� r;y .p eZ., - rr• re r r 'r€ ...r Y d6 ,.< {p4- rg'z$# .._ k '}°�r `"a r. y `" 3C,€t ri 3 Y :i„ F. :c., a* ? ? ,'/ , r 9 sffi w 7 .F 1? r' l ' # ? t �'7,. + M �. r t' , (e / r' r t', s[: ( " t ."-"?3's - ,'tom , . "if'-',;.,.:,. iyyr ,t� rryyy a - ,., .. ,a -:r+4 <'a9✓ >ry - - �`aw $fTx'* 4p.t. •1•,�;F ''c• t • • t xf + e1' ' '' t 1 7• < at✓f K t�t w- .,- . • ", h ✓ 1R' ., ♦ J -J' r .d t- 14 'y'$i., ;�+k y of r,. 1 r f u v. �.,+^^! �. g- n /yr ,�S ' .4r, v.#.. ,s �•� .•, x' 4 t-s' ::. 1 ai4 } i r J y Mr. Tong opened the public hearing and called for the Staff Report. Mr. Barger indicated that the Applicant was requesting a Variance from Section 8-60.55(d) (Fence Height Limitations) to allow a fence height of 8 feet where a maximum of 6 feet is allowed. He indicated that the Variance application was a result of the Building Inspector identifying the existing zoning violation in the field. The Applicant was asked by the Zoning Investigator to either remove the 2 foot addition or apply for a Variance. The Applicant applied for a Variance. Mr. Barger indicated that the Applicant constructed a 2 foot addition to the height of their 6 foot fence resulting in a total fence height of 8 feet. The fence extension is constructed of redwood lattice material. Mr. Barger indicated that the Applicant needed the additional fence height to provide privacy in his enclosed rear yard area from vehicles and pedestrians traveling along Rolling Hills Drive, which is elevated above the Applicant's property. Mr. Barger stated that in reviewing the Variance request there are no special circumstances relating to the physical features of the site which would warrant granting the Variance. He indicated that although the topography of Rolling Hills Drive in relation to the subject site allows views into portions of the Applicants rear yard, there are similar circumstances in the City where the same situation occurs including a majority of the units in the California Vista project fronting on Rolling Hills Drive and Silvergate Drive, as well as at properties on the east side of San Ramon (south of Voma: Road) where these streets are elevated above the sites. Mr. Barger recommended that the Zoning Administrator deny the Variance in recognition of the findings made and established in the draft Resolution of denial shown as Exhibit A in the Staff Report. Mr. Barger also indicated that although he was recommending denial of the Variance he included two alternative solutions which would assist in attaining the Applicants desire to maintain privacy in his rear yard while at the same time gaining full compliance with City zoning standards. First he suggested planting trees or tall shrubs around the exterior perimeter of the fence. Second, he suggested using tall, fan-shaped redwood lattice work plant supports placed in the ground directly adjacent to the interior perimeter of the fence to hold vines, roses or similar spreading type plants. Mr. Barger indicated that he discussed the above mentioned alternatives with the Applicant. However, the Applicant preferred to keep his 8 foot high fence. Mr. Tong asked Mr. Barger if he discussed the landscape options with the Applicant. Mr. Barger indicated that Mr. Petray said if the application is denied, he would consider the two landscape options. Mr. Tong asked if any one wanted to speak on this application. No one spoke. Mr. Tong closed the public hearing. Mr. Tong indicated that he cannot make the finding to support approval of the Variance request in that there are no unique circumstances that warrant approval. -4- bs l .y P Jt F y.. rl ,rf [� 1 'fit! t i.. r •1, ' , Z • t �t taw-."� r' C Mr. Tong made the findings to deny the Petray Variance request as shown by the draft resolution in the Staff Report (Exhibit A) . He indicated that this action is appealable within 10 days. RESOLUTION NO. 5-89 DENYING PA 89-001 PETRAY FENCE VARIANCE REQUEST TO ALLOW AN 8 FOOT HIGH FENCE (NOW EXISTING) WHERE A MAXIMUM HEIGHT OF 6 FEET IS PERMITTED AT 11450 WINDING TRAIL LANE Mr. Tong informed those present that this action would become final unless appealed within 10 calendar days. (Laura's Variances) ADJOURNMENT There being no further business, the meeting was adjourned at 10:40 a.m. ZONING ADMINISTRATOR ASSOCIATE PLANNER • -5- • CITY OF DUBLIN ZONING ADMINISTRATOR AGENDA STATEMENT/STAFF REPORT ' Meeting Date: March 14, 1989 TO: Zoning Adminissrator L FROM: Planning Staff SUBJECT: PA 89-001 Petray Variance GENERAL INFORMATION: PROJECT: Variance request to allow an 8 foot high fence (now existing) where a maximum height of 6 feet is'permitted. APPLICANT/OWNER: Joseph T. Petray, Jr. 11450 Winding Trail Lane Dublin, CA 94568 • LOCATION: 11450 Winding Trail Lane Dublin, CA 94568 ASSESSOR PARCEL NUMBER: 941-2772-103 PARCEL SIZE: 1700+ square feet GENERAL PLAN DESIGNATION: Medium Density Residential EXISTING ZONING AND LAND USE: PD - Planned Development District/ 125 unit multi-family townhouse development SURROUNDING LAND USE AND ZONING: North: Single Family Residential/PD - Planned Development ' South: Vacant County Land/(A) - Agricultural District East: Single Family Residential/R-1-B-E West: Single Family Residential/PD - Planned Development District ZONING HISTORY: The subject property was a portion of the Neilson Ranch area zoned by Alameda County into an Agricultural District in 1986 (96th Zoning Unit) . In 1980, Alameda County amended its General Plan changing the Neilson Ranch land use designation from Agricultural to Residential, including both single- family and multi-family land use designations. PA 85-017 - On January 13, 1986, the Dublin City Council approved a Planned Development pre-zoning and re-zoning of this 14.9 acre site from a Planned Development (PD) District allowing both single-family and multi-family residential uses to a PD allowing multi-family residential uses. i , ' iiad it44. PA 86-021 - On May 23, 1986, the Planning Director approved a Site Development Review application to allow the development of a 129 unit multi-family townhouse project on this 14,9+ acre site. APPLICABLE REGULATIONS: Section 8-60.55(d) (Fence Height Limitations) of the City Zoning Ordinance establishes 6 feet as the maximum permitted_height for fences, walls and hedges in a residential district. Section 8-93.0 (Variance) indicates that the strict terms of the Zoning Ordinance may be varied in specific cases upon affirmative findings of fact upon each of these three requirements: a) that there are special circumstances including size, shape, topography, location or surroundings, applicable to the property which deprive the property of privileges enjoyed by other property in the vicinity under the identical zoning classifications; b) that the granting of the application will not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone; and c) that the granting of the application will not be detrimental to persons or property in the neighborhood or to the public welfare. Section 8-93.1 - .4 establishes the procedures, required action and effective date for granting or denying a Variance, and indicates the granting of a Variance shall be subject to conditions, limitations and guarantees. ENVIRONMENTAL REVIEW: This project has been found to be Categorically Exempt from CEQA under Section 15303, Class 3(e) of the California Environmental Quality Act Guidelines. NOTIFICATION: Public Notice of the March 20, 1989, hearing was published in The Herald, mailed to adjacent property owners, and posted in public buildings. BACKGROUND: This Variance application is a result of the Building Inspector identifying this zoning violation in the field. He alerted the Zoning Investigator of the violation and she consequently contacted the Applicant, indicating that he would either have to lower the height of the fence to 6 feet (or less) or apply for a Variance. The Applicant decided to apply for the Variance. ANALYSIS: The subject site is a part of Kaufman & Broad's recently completed California Vista townhouse development located just off of Silvergate Drive and Rolling Hills Drive. The site in question fronts Winding Trail Lane, which is one of the streets running through the development. The rear and side portions of the Applicant's property front Rolling Hills Drive. The Applicant has constructed a / rrnr addition to the reigbr of their h foot tall redwood fence, resulting in a total fence height of 8 feet. The fence extension is constructed of redwood lattice material. The Applicant has indicated that the additional fence height is needed to provide privacy to his house and enclosed rear yard area from vehicles and pedestrians traveling along Rolling Hills Drive. Rolling Hills Drive is located north of the subject site, and it is elevated above the grade of the site in question. -9- ?'1 • i (.; In order for the Applicant to retain the existing 8 foot high fence, a Variance must be granted. Prior to granting the Variance, three mandatory findings of fact must be made. These findings state: 1) that there are special circumstances relating to physical characteristics (such as lot size, shape, and topography) which would deprive the property owner of privileges enjoyed by others in the identical zoning district; 2) that the granting of the Variance does not ' constitute a grant of special privileges; and_3) that the Variance will not be detrimental to the neighborhood. A review of the request reveals there are no special circumstances relating to the physical features of the site which would warrant granting the Variance. Although the topography of Rolling Hills Drive in relation to the subject site, allows partial views into portions of the Applicant's rear yard and home, there are similar circumstances in the City where the same situation occurs. This includes a majority of the units in the California Vista project fronting on Rolling Hills Drive and Silvergate Drive, as well as at properties on the east side of San Ramon Road (south of Vomac Road) where the street is elevated above the sites. The granting of the Variance would constitute a grant of special privilege. Since there are similar situations in the City where the road is elevated above sites and rear yards are enclosed by 6 foot high fences, the granting of this Variance would be a special privilege. The granting of this Variance would be detrimental to the neighborhood in that it would set a precedence of allowing fence heights in excess of 6 feet where it is unnecessary. In that there are no special circumstances related to this property which would deprive the property of privileges enjoyed by other properties in the City, Staff recommends denial of the Applicant's request to vary from the maximum permitted fence height. Although Staff is recommending denial of this request, there are a number of practical solutions which could assist in attaining the Applicant's desire to maintain privacy in his rear yard, while at the same time gaining full compliance with City zoning regulations. First, tall growing trees or shrubs strategically placed around the exterior perimeter of the fence (as shown in Attachment 6) could eventually provide a dense and attractive screening device. A second alternative would be to use tall fan shaped redwood lattice work plant supports placed in the ground directly adjacent to the interior perimeter of the fence to hold vines, roses or similar spreading type plants. This also would eventually provide an effective screening device. Staff did discuss the above options with the Applicant. He did not feel that either of them would be as effective as the existing illegal fence addition. RECOMMENDATION: FORMAT: 1) Open public hearing and hear Staff presentation. 2) Take testimony from Applicant and the public. 3) Question Staff, Applicant and the public. 4) Close public hearing and deliberate. 5) Adopt Resolution denying Variance request, or give Staff and Applicant direction and continue the matter. ACTION: Staff recommends the Zoning Administrator adopt the attached Resolution denying PA 89-001 Petray Fence Variance. -3- ATTACHMENTS: Exhibit A: Resolution of Denial Background Attachments: Attachment 1: Applicant's Written Statement Attachment 2: Site Plan Attachment 3: Elevation Attachment 4: Photographs Attachment 5: Assessor's Parcel Map Attachment 6: Staff Study -4- RESOLUTION NO. 88 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN DENYING YA 89-001 PETRAY FENCE VARIANCE REQUEST TO ALLOW AN 8 FOOT HIGH FENCE (NOW EXISTING) WHERE A MAXIMUM HEIGHT-OF 6 FEET IS PERMITTED AT 11450 WINDING TRAIL LANE WHEREAS, Mr. Joseph T. Petray, Jr. filed an application for a Variance from Section 8-60.55 (d) of the City's Zoning Ordinance to allow an 8 foot high fence on the rear and sideyard property lines at 11450 Winding Trail Lane; and WHEREAS, the application has been reviewed in accordance with the provisions of the California Environmental Quality Act and has been found to be categorically exempt; and WHEREAS, the Zoning Administrator held a public hearing on said application on March 14, 1989; and WHEREAS, proper notice of said public hearing was given in all respects as required by law; and WHEREAS, a Staff Report was submitted recommending denial of the Variance application; and WHEREAS, the Zoning Administrator heard and considered all said reports, recommendations and testimony as hereinabove set forth; and NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Zoning Administrator does hereby find that: a) There are no special circumstances including size, shape, topography, location or surroundings, applicable to the property which would deprive the property of privileges enjoyed by other property in the vicinity under the identical zoning classification, in that there are similar topographical conditions for sites along Rolling Hills Drive, Silvergate Drive and San Ramon Road where the street is elevated above the sites and the rear yards are enclosed by 6 foot high fences. b) The granting of the Variance application will constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and zone, in that no special circumstances exist which warrant granting the Variance. Other properties in the City and same zoning district must comply with the fence height limitation imposed by the Zoning Ordinance, unless special circumstances exist. c) The granting of this Variance would be detrimental to the neighborhood in that it would set a precedence of allowing fence heights in excess of 6 feet where it is unnecessary. BE IT FURTHER RESOLVED THAT THE Zoning Administrator does hereby deny PA 89-001 Petray Variance application and directs the Applicant to bring the fence into conformance with the City's Zoning Ordinance (regulating fences) by lowering the height of the fence to 6 feet or less no later than April 14, 1989. PASSED, APPROVED AND ADOPTED this 14th day of March, 1988. 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E. s? /c�_ij� v a y I -------..,/ ifttlisr 1 \ 1 L -; • 'STAFF 10 4,,S J/ • I. 4/ Y f {ya�T.L.rj 7 % 3 /,7,,,:‘,..),) ','''--'-- \' '‘° '- „-.- i (1-7 \ ' . alt------r n t.:. ,- - ShOl 0 K.) / 0 ten OTC AI-- `1 � LO A N ` 5 U P+'a 1 .ti ;� ,,__ .. ,rN1 ��'IN :.r;t r .•".. , To / 0 ---., ti ram- r: ^.� w r 7 ! t - �NME CITY OF DUBLIN PLANNING COMMISSION AGENDA STATEMENT/STAFF REPORT Meeting Date: April 17, 1989 TO: Planning Commission FROM: [� 4 Planning Staff SUBJECT: PA 88-139 Crown Chevrolet GENERAL INFORMATION: PROJECT: Conditional Use Permit and Site Development Review APPLICANT: Pat Costello, Crown Chevrolet PROPERTY OWNER: Betty J. Woolverton LOCATION: East side of Golden Gate Drive South of 7544 Dublin Boulevard ASSESSOR PARCEL NUMBER: 941-1500-32 PARCEL SIZE: 1.97+ acres DOWNTOWN SPECIFIC PLAN DESIGNATION: Regional Transit/Mixed Use EXISTING ZONING AND LAND USE: C-2/Vacant SURROUNDING LAND USE AND ZONING: North: C-2/Auto Dealership South: C-2/Office & Lab Facilities West: M-1/Retail/Vacant East: Planned Development (commercial); vacant ZONING HISTORY: The subject property was zoned C-2 by Alameda County sometime in the 1960's. No planning applications for the subject property beyond ACUP's for Christmas Tree sales have been processed. The property is adjacent to and would connect with tae existing Crown Chevrolet Auto Dealership. A Conditional Use Permit (CUP) was approved by the County for the auto dealership in 1969. This CUP was amended in 1972 and 1973 for provision of portable sales office, addition of parking and structural (building) additions. No tima limits exist for these CUP's. COPIES TO: Applicant Owner ITEM NO. SS File PA 88-139 APPLICABLE REGULATIONS: Section 8-49.2 g) lists automobile sales or storage lot as a conditional use for the C-2 zone. Section 8-94.0 states that conditional uses must be analyzed to determine: 1) whether or not the use is required by the puolic need; 2) whether or not the use will be properly related to other land uses, transportation and service facilities in the vicinity; 3) whether or not the use will materially affect the health or safety of persons residing or working in the vicinity; and 4) whether or not the use will be contrary to the specific intent clauses or peformance standards established for the district in which it is located. Section 8-94.4 states the approval of a Conditional Jse Permit may be valid only for a specified term, and may be made contingent upon the acceptance and observance of specified conditions, including but not limited to the following matters: a) substantial conformity to approved plans and drawings; b) limitations on time of day for the conduct of specified activities; c) time period within which the approval shall be exercised and the proposed use brought into existence, failing which, the approval shall lapse and be void; d) guarantees as to compliance with the terms of the approval, including the posting of bond; e) compliance with requirements of other departments of tie City/County Government. Section 8-94.3 requires concurrent review of a Site Development Review application. Section 8-95.0 states that Site Development Review is intended to: 1. Promote orderly, attractive, and harmonious development 2. Recongnize environmental limitations on development 3. Stabilize land values and investments 4. Promote the general welfare by preventing establishment of uses or erection of structures having qualities which: a. would not meet the specific intent clauses or performance standards of the zoning regulations b. are not properly related to their sites, surroundings, traffic circulation, or their environmental setting. The Downtown Specific Plan has three goals which apply to this project. 4c) Encourage retention of existing automobile dealerships while developing contingency plans for potential relocation within the City of Dublin. 5a) Improve the overall visual quality of the downtown area. 5e) Encourage more landscaping in parking lots. These goals are re-iterated in the policies. Diagram 11 of the Specific Plan illustrates Interim Use Zones and Standards. The subject property is in Interim Use Zone A; the diagram states that any parking lot development shall be adequately landscaped. The adjacent Interim Zone D, in which Crown Chevrolet is located, states that "any additional development shall be contingent upon screening service use and increased landscaping." Development Standards (p.38) for all areas of the downtown state: a) Parking lots shall be screened by low walls and/or landscaping from adjacent streets. b) Parking lots shall contain a minimum of 20% of tneir surface area in landscaping. -2- ENVIRONMENTAL REVIEW: NOTIFICATION: Public Notice of the April 17, 1989, hearing was published in The Herald, mailed to adjacent property owners, and posted in public buildings. ANALYSIS: Conditional Use Permit The applicant has requested a Conditional Use Permit and Site Development Review for a "5-year use permit to allow temporary paving... to provide additional car storage facilities for the existing dealership and employee/customer parking." It has been the policy of the Planning Commission to approve new conditional use permits for a period of one year with extension for two additional years if approved by the Planning Director. In a sense, all conditional use permits are for a temporary use of the property. Subsequent approvals of conditional use permits by the Planning Commission have been for three years with extensions of two years if approved by the Planning Director. Future Right-of-Way In October 1988, the City Council adopted a right-of-way line for a road parallel to and southerly of Dublin Boulevard. A portion of this adopted right-of-way transverses the subject property. The northerly 68 feet of the parcel is part of the adopted right-of-way. The right-of-way for this new road was adopted under the procedures of Ordinance 44-87. This ordinance makes it unlawful to construct a building or structure within the established right-of-way lines. Ordinance 11-88 adopted in March 1988 states that "no conditional use permit shall be issued in connection with the construction of any building or structure on any lot if the use of such building or structure will result in an increase in traffic on the street or streets upon which such lot abuts or will abut unless the area within the future right-of-way lines have been granted to the City." The definition of building or structure in Ordinance 44-87 includes "required parking". The additional parking/storage area requested in this conditional use permit is not required and therefore is not defined as a building or structure. The intent of the Ordinance requiring dedication and improvement of right-of- way (Ordinance 11-88) is to require dedication when a use of property results in an increase in traffic on adjacent streets thus requiring additional right-of-way to accomodate the additional traffic. The City traffic engineer evaluated the effect of the expanded parking area for Crown Chevrolet on local streets. Using a worst case scenario for traffic generation from this use, the traffic engineer concluded that any increase associated with the proposed use in traffic was not significant. Since the use is not a "building or structure" within the waning of the ordinance and therefore is not prohibited in the future right-of-way and since the use would not result in a significant generation of traffic, the applicants are not being required to dedicate or improve additional right-of- way. Staff believes that the storage/parking lot is consistent with the Downtown Specific Plan. The parking lot will support the existing auto dealership, and is consistent with the use of the area for Regional Transit/Mixed Use. The downtown Specific Plan standards for interim use of this property requires prohibition of development which would preclude the economical development of transit parking. Although the request is for a "temporary" parking/storage -3- area for Crown Chevrolet, it is conceivable that their parking lot would be used by future regional Transit/Mixed-Use developments. Parking facilities on this site easily could be used for transit parking in the future. Since the requested use is consistent with the Downtown Specific Plan and zoning, Staff recommends approval of the Conditional Use Permit. Site Development Review The Downtown Specific Plan provides much guidance for the development and redevelopment of parking lots. There are at least six references to adequate landscaping of parking lots and screening of lots from the street. The intent of the landscaping is to improve the visual quality of the parking lot, specifically, and the downtown in general. In addition, landscaping parking lots has the benefit of reducing temperatures in and around the parking lot. The applicant believes that as the use of the property is "temporary", landscaping should not be required. As explained in the above section on the Conditional Use Permit, all CUP's are temporary due to time limits placed on them. Also, there is potential for the future use of this property as a parking lot either for transit or commercial development. In order to promote the goals of the Downtown Specific Plan, the landscaping should be required. Staff recommends that Site Development Review approval be conditioned on landscaping a minimum of 20% of the surface area. Attachment 5 illustrates landscaping on 20% of a similar size lot. RECOMMENDATION: FORMAT: 1) Open public hearing and hear Staff presentation. 2) Take testimony from Applicant and the public. 3) Question Staff, Applicant and the public. 4) Close public hearing and deliberate. 5) Approve Conditional Use Permit and Site Development Review with conditions, or give Staff and Applicant direction and continue the matter. ACTION: Staff recommends approval of the Conditional Use Permit and Site Development Review for PA 88-139 Crown Chevrolet ATTACHMENTS: Exhibit A: Resolution adopting a Negative Declaration of Environmental Significance Exhibit B: Resolution approving the Conditional Use Permit Exhibit C: Resolution approving the Site Development Review Background Attachments: Attachment 1: Conditional Use Permit and Site Development Review Site and Grading Plan Submittals (three sheets) Attachment 2: Zoning Map Attachment 3: Diagram 11 - Interim Use Zones and Standards, Dublin Downtown Plan Attachment 4: Right-of-Way Map for New Parallel Road Attachment 5: Staff Study - 20% landscaping Attachment 6: Written Application -4- RESOLUTION NO. 89 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN ADOPTING A NEGATIVE DECLARATION OF ENVIRONMENTAL SIGNIFICANCE FOR PA 88-139 CROWN CHEVROLET CONDITIONAL USE PERMIT AND SITE DEVELOPMENT REVIEW, GOLDEN GATE DRIVE, SOUTH OF 7544 DUBLIN BOULEVARD WHEREAS, Pat Costello on behalf of Crown Chevrolet, filed applications requesting Conditional Use Permit and Site Development Review approvals of a vehicle parking and storage area located on the east side Df Golden Date Drive, more specifically APN 941-1550-32; and WHEREAS, the California Environmental Quality Act (CEQA) , together with the State Guidelines and City environmental regulations, r3quire that certain projects be reviewed for environmental impact and that environmental documents be prepared; and WHEREAS, an initial study was conducted finding that the project, as proposed, would not have a significant effect on the environment; and WHEREAS, a Negative Declaration has been prepared for this application; and WHEREAS, public notice of the Negative Declaration was given in all respects as required by State Law; and WHEREAS, the Planning Commission did review and consider the Negative Declaration at a public hearing on April 17, 1989; and NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission does hereby find: 1. That the project PA 88-139 Conditional Use Per:nit and Site Development Review will not have a significant effect on the environment; 2. That the Negative Declaration has been prepared and processed in accordance with State and local environmental Laws and guideline regulations; and 3. That the Negative Declaration is complete and adequate. BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission does hereby adopt the Negative Declaration for PA 88-139 Conditional Use Permit and Site Development Review applications. PASSED, APPROVED AND ADOPTED this 17th day of April, 1989. AYES: Commissioners NOES: ABSENT: Planning Commission chairperson ATTEST: Planning Director PA tob-tYi N6b. DC RESOLUTION NO. 89 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING PA 88-139 CONDITIONAL USE PERMIT REQUEST FOR THE CROWN CHEVROLET ON GOLDEN GATE DRIVE SOUTH OF 7544 DUBLIN BOULEVARD WHEREAS, Pat Costello, on behalf of Crown Chevrolet, filed a Conditional Use Permit request for a proposed exterior car storage and employee/customer parking for the Crown Chevrolet Auto Dealership by the creation of a new 400'+ x 217.5+ paved parking area (the "Project"); and WHEREAS, the adopted City of Dublin Zoning Ordinance provides in part for the establishment of an automobile, camper, boat and trailer sales, storage lot as a Conditional Use; and WHEREAS, Ordinance 44-87, an Ordinance of the Sity of Dublin establishing right-of-way lines, was adopted by the City Council and became effective on October 28, 1987; and WHEREAS, Ordinance 44-87 makes it unlawful to construct any building or structure, as defined therein, within the right-of-way established pursuant to Ordinance 44-87; and WHEREAS, the City Council adopted an ordinance establishing the right-of-way lines for a future road parallel to and southerly of Dublin Boulevard, and a portion of such right-of-way line falls within the subject property; and WHEREAS, Ordinance 11-88, an ordinance requiring dedication and improvement of right-of-way, requires that no conditional use permit shall be issued in connection with the construction of any building or structure on any lot, the use of such building or structure will result in an increase in traffic on the street or streets upon which such lot abuts or will abut unless the area within the future right-of-way lines of such lot 'aas been granted to the City. WHEREAS, the off-street vehicular storage and parking proposed for this property are not required for the use of this or any other property and are therefore not included in the definition of building or structure in Ordinance 44-87 and Ordinance 11-88; and WHEREAS, a traffic study was prepared by the City's traffic engineer, the results of which indicate that additional traffic associated with this conditional use permit is not significant; and WHEREAS, the Planning Commission did hold a public hearing on said application on April 17, 1989; and WHEREAS, proper notice of said public hearing was given in all respects as required by law; and WHEREAS, this application has been reviewed in accordance with the provisions of the California Environmental Quality Act and a Negative Declaration has been adopted (Planning Commission Resolution No. ) as the project will not have a negative effect on the environment; and WHEREAS, the Staff Report was submitted recommending that the Conditional Use Permit application be conditionally approved; and WHEREAS, the Planning Commission did hear and consider all said reports, recommendations and testimony hereinabove set forth; and WHEREAS, the proposed land use, as conditioned, is appropriate for the subject property in terms of being compatible to existing land uses in the area and will not overburden public services; 1 a 80- 9.f Cu P NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission finds: a) Construction of the new paved vehicle storage lot and employee/customer parking area serves the public need by providing for tie expansion of an existing automobile dealership facility. b) The uses will be properly related to other land uses, and transportation and service facilities in the vicinity, as the proposed uses will be compatible to said land uses, and transportation and services facilities in the immediate vicinity. c) The uses will not materially adversely affect the health or safety of persons residing or working in the vicinity, or be materially detrimental to the public welfare or injurious to property or improvements in the neighborhood, as all applicable regulations will be met. d) The uses will not be contrary to the specific intent clauses or performance standards established for the district in which they are to be located. e) The approval of the project as conditioned is in the bast interest of the public health, safety and general welfare. f) General site considerations, as conditioned, including site layout, orientation, vehicular access, circulation and parking, have been designed to provide a desirable environment for the development. g) General project landscaping provisions for irrigation, maintenance and protection of landscaped areas and similar elements, as conditioned, have been considered to insure visual relief and to provide an attractive environment to the public. h) The project, as conditioned, is consistent with the policies contained in the City's General Plan and Downtown Specific Plan. i) The project is not a "building or structure" within the meaning of Ordinance 44-87 or Ordinance 11-88 and the project would not significantly increase traffic to a level which would necessitate the dedication of future right-of-way under Ordinance 11-88. The project can therefore be approved in the proposed location and without dedication of right-of-way. BE IT FURTHER RESOLVED that the Planning Commission does hereby conditionally approve Conditional Use Permit application PA 88-139.1 as shown by materials labeled Exhibit A, on file with the Dublin Planning Department, subject to the following conditions: 1. CONDITIONS OF APPROVAL: Unless stated otherwise, all Conditions of Approval shall be complied with prior to issuance of grading permits and shall be subject to Planning Department review and approval. Development of the paved vehicular storage and employee/customer parking areas shall generally conform with the plans prepared oy Plummer & Babbit Civil Engineering, Inc., consisting of 3 sheets and literature from Holophane Somerset area luminaires consisting of 5 sheets, and dated received by the City Planning Department November 18, 1988. Collectively, these materials shall serve as "Exhibit A" for this project and shall be maintained on file with the Planning Department. Development of the exterior vehicle storage and parking area shall reflect the changes called for in these Conditions of Approval. 2. Approval for the Conditional Use Permit shall be until April 17, 1990. The approval period for the Conditional Use Permit may be extended two additional years (Applicant must submit a written request for the extension prior to the expiration date of the Conditional Use Permit) by the Planning Director upon his determination that the conditions of Approval remain adequate to assure that the above stated Findings will continue to be met. If construction of the project has not commenced by April 17, 1990 this approval shall be null and void. Development shall be subject to the listed Conditions below. -2- 3. Site Development Review approval for this project shall be secured prior to issuance of any construction permits. 4. This Conditional Use Permit shall provide storage/parking for up to a maximum of 236 vehicles. 5. All two-way travel aisles shall be a minimum width of 25 feet and one way aisles shall be a minimum width of 20 feet. Full sized parking spaces shall be minimum of 18 feet in length and 9 feet in width. Compact spaces shall be a minimum length of 16 feet and width of 8 feat. Up to 35% of the parking may be for compact cars. All spaces for compact cars shall be marked for "small car" or "compact car". 6. No parking is permitted within the public right-of-way. ARCHAEOLOGY 7. If, during grading activities, archaeological remains are encountered, construction in the vicinity shall be halted, an archaeologist consulted, and the City Planning Department notified. If, in the opinion of the archaeologist, the remains are significant, measures, as may be required by the Planning Director, shall be taken to protect them. DRAINAGE 8. A grading and drainage plan shall be prepared and shall be submitted for review and approval by the City Engineer. Calculations (hydraulic) shall be prepared by the Developer for review by the City Engineer to determine the sizing of the drainage lines. The minimum and maximum gradients of the new parking area should be subject to review and approval by the City Engineer. 9. Concentrated drainage shall not be directed onto adjacent properties, sidewalks and driveways. 10. Where storm water flows against a curb, a curb with gutter shall be used. The flow line of all asphalt paved areas carrying waters shall be slurry sealed at least three feet on either side of the center of the swale. DEBRIS/DUST/CONSTRUCTION ACTIVITY 11. Measures shall be taken to contain all trash, construction debris, and materials on-site until disposal off-site can be arranged. The Developer shall keep adjoining public streets free and clean of project dirt, mud, and materials during the construction period. The Developer shall be responsible for corrective measures at no expense to tle City of Dublin. Areas undergoing grading, and all other construction activities, shall be watered, or other dust-palliative measures used, to prevent dust, as conditions warrant. EASEMENTS 12. The Developer shall acquire easements, and/or obtain rights-of-entry from the adjacent property owners for improvements or construction activity required outside of the subject properties. Copies of the easements and/or rights-of-entry shall be furnished to the City Engineer. FIRE PROTECTION 13. Prior to issuance of construction permits, the Developer shall supply written confirmation that the requirements of the Dougierty Regional Fire Authority have been, or will be, met. GRADING AND PAVING 14. A grading permit shall be obtained from the Public Works Department for all on-and off-site grading. -3- 15. The parking and driveway surfacing shall be asphalt concrete paving. The City Engineer shall retain review authority of the project's structural pavement design. The Developer shall, at his sole expanse, make tests of the soil over which the surfacing and base is to be constructed and furnish the test reports to the City Engineer. 16. An encroachment permit shall be secured from the City Engineer for any work done within the public right-of-way. LANDSCAPING AND IRRIGATION PLANS 17. A detailed Landscape and Irrigation Plan (at 1 inch = 20 feet or larger) , along with a cost estimate of the work and materials proposed, shall be submitted for review and approval by the Planning Director. 18. Landscaping installed along both the south and east property boundaries of the new parking area shall include 15-gallon sized trews (with a minimum planting ratio of one tree @ 17 linear feet) and shall also include clumped plantings of shrubs (with a minimum planting ratio of one shrub @ 5 linear feet) . 19. Landscaping (ground cover, shrubs and ornamental trees) of a minimum of 20% of the storage and parking area shall be provided with the layout to be worked out between Staff and the Applicant to provide as efficient a parking design as feasible. LIGHTING 20. Exterior lighting shall be of a design and placement so as not to cause glare onto adjoining properties and should provide a minimum of one foot candel of light at ground level for the entire storage/parking area. Photometrics for area lighting shall be submitted to tae Planning Department and the Dublin Police Services for review and approval prior to the issuance of a grading permit. STORAGE AND EXTERIOR ACTIVITIES 21. With the exception of storage of vehicles and minor vehicle preparation work, no exterior demonstrations, displays, services, or other activities shall occur in the new vehicle storage parking area. 22. Washing vehicles with any type of detergent or cleaning agent other than water is not permitted. MISCELLANEOUS 23. All improvements shall be installed as per the approved landscaping and irrigation plans and the drainage and grading plans prior to use of the proposed vehicle parking and storage areas. 24. A Master Striping Plan for the proposed vehicle storaga area and adjoining parking and driveway areas shall be prepared and submitted by the Developer for review and approval by the Planning Director. This plan shall detail all striping and driveway aisle locations. 25. A parking plan for the entire car dealership facility shall be prepared and submitted by the Developer detailing the number and location of the following assigned parking areas: car dealership customer parking, employee parking, service customer parking, and vendor/visitor parking. 26. Approval from ACFC & WCD - Zone 7 shall be secured by the Developer for connection into their storm drainage system. -4- PASSED, APPROVED AND ADOPTED this , 1989. AYES: NOES: ABSENT: Planning Commission Chairperson ATTEST: Planning Director -5- RESOLUTION NO. 89 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING THE SITE DEVELOPMENT REVIEW CONCERNING PA 88-139.2 CROWN CHEVROLET ON GOLDEN GATE DRIVE, SOUTH OF 7544 :DUBLIN BOULEVARD WHEREAS, Crown Chevrolet is requesting a Conditional Use Permit and concurrent Site Development Review for a vehicle storage and employee/visitor parking area. WHEREAS, the Planning Commission did hold a public hearing on said applications on April 17, 1989; and WHEREAS, proper notice of said public hearing was given in all respects as required by law; and WHEREAS, the application has been reviewed in accordance with the provisions of the California Environmental Quality Act (CEQA) and has been determined to be Categorically Exempt; and WHEREAS, the Staff Report was submitted recommending that the application be approved subject to conditions prepared by Staff; and WHEREAS, the Planning Commission did hear and consider all said reports, recommendations and testimony hereinabove set forth; and NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission does hereby find: a. The project will promote orderly, attractive, and harmonious development in that lighting and landscaping, as conditioned, have been incorporated into the project in order to insure compatibility of this development with its design concept and the character of planned future land uses. b. The project recognizes environmental limitations on development. c. The project will stabilize land values and investments in the area in that it is compatible to existing and planned land uses in the area, as conditioned, will be visually attractive, will not overburden public services, and will provide additional parking and storage for a Dublin business. d. The project will promote the general welfare as it meets the specific intent clauses or performance standards of the City of Dublin zoning regulations, General Plan and Downtown Specific Plan. e. The project is properly related to its site, surroundings, traffic circulation, and its environmental setting. BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission does hereby approves Site Development Review PA 88-139.2 subject to the conditions listed below: CONDITIONS OF APPROVAL Unless otherwise specified, the following conditions shall be complied with prior to issuance of building permits. Each item is subje t to review and approval by the Planning Department unless otherwise specified. 1. This approval is for Site Development Review of up to a maximum of 236 vehicle storage/parking spaces on a 1.97+ acre lot, consistent with the following submittals: EXHIBIT_C PA-e i i.2. 51: 2, a. Site and grading plans and boundary and topographic survey prepared by Plummer & Babbitt Civil Engineering, Inc. consisting of 3 sheets and dated received by Dublin Planning November 18, 1988. b. Manufacturer's literature titled "Halophane Somerset area luminaires" consisting of 5 sheets and dated received by Dublin Planning November 18, 1988. Collectively these materials shall serve as "Exhibit A" for this project and shall be maintained on file with the Planning Department. 2. Except as specifically modified or elaborated upon by the conditions listed below, development of the storage/parking areas shall conform to the Conditional Use Permit conditions of approval established by Planning Commission Resolution No. , approved on for City File PA 88-139.1. 3. Except as may be specifically provided for within these Conditions of Approval, the development shall comply with City of Dublin's Site Development Review Standard Conditions (see Attachment A). Attention is called to the requirements for double striping of parking spaces and for continuous concrete curbing for all parking stalls. 4. The developer shall complete and submit the City of Dublin Standard Plant Material, Irrigation System and Maintenance Agreement (see Attachment B). 5. The Site Development Review approval shall be valid Eor 1 year from the date of approval. The approval period for the permit may be extended two (2) additional years (Developor must submit a written request for the extension prior to the expiration date of the permits) by the Planning Director upon a determination that the Conditions of Approval will continue to be met. Failure to exercise the approval, or to make substantial progress in completing the project, will cause the permit to be null and void. 6. Widen existing driveway on north property to 35 feet. 7. A minimum of 20% of the surface area of the parking Lot shall be landscaped. All landscaped areas shall have a permanent irrigation system installed. 8. Pyrus calleryana "Aristocrat" shall be planted as street trees along Golden Gate Driveway, 25 feet on center. All street trees shall receive a permanent irrigation system. 9. No parking is permitted in existing street right-of-way (e.g. at curve in property line along Golden Gate Drive). 10. A grading permit shall be obtained from the Public Works Department for all on- and off-site grading. 11. Existing wood wall shall be removed. 12. A drive aisle shall be provided adjacent to outside of the vehicle storage area fence to increase visibility and discouraged break-ins through the fence. 13. Aisle ends of parking rows shall be designed to provide adequate turning area. 14. Lighting of the parking lot shall provide a minimum of one foot candle at ground level for the entire parking lot. 15. Fencing shall not exceed 10 feet in height and shall be of vinyl-clad chain link. -2- PASSED, APPROVED AND ADOPTED this day of , 1989. AYES: NOES: ABSENT: Planning Commission Chairperson ATTEST: Planning Director -3- CITY OF DUBLIN SITE DEVELOPMENT REVIEW STANDARD CONDITIONS All projects approved by the City of Dublin shall meet the following standard conditions unless specifically exempted by the Planning Department. 1. Final building and site development plans shall be reviewed and approved by the Planning Department staff prior to the issuance of a building permit. All such plans shall insure: a. That standard commercial or residential security requirements as established by the Dublin Police Department are provided. b. That ramps, special parking spaces, signing, and other appropriate physical features for the handicapped, are provided throughout the site for all publicly used facilities. c. That continuous concrete curbing is provided for all parking stalls. d. That exterior lighting of the building and site is not directed onto adjacent properties and the light source is shielded from direct offsite viewing. e. That all mechanical equipment, including electrical and gas meters, is architecturally screened from view, and that electrical transformers are either undergrounded or architecturally screened. f. That all trash enclosures are of a sturdy material (preferably masonry) and in harmony with the architecture of the building(s). g. That all vents, gutters, downspouts, flashings, etc., are painted to match the color of adjacent surface. h. That all materials and colors are to be as approved by the Dublin Planning Department. Once constructed or installed, all improvements are to be maintained in accordance with the approved plans. Any changes which affect the exterior character shall be resubmitted to the Dublin Planning Department for approval. i. That each parking space designated for compact cars be identified with a pavement marking reading "Small Car Only" or its equivalent, and additional signing be provided if necessary. j. That all exterior architectural elements visible from view and not detailed on the plans be finished in a style and in materials in harmony with the exterior of the building. k. That all other public agencies that require review of the project be supplied with copies of the final building and site plans and that compliance be obtained with at least their minimum Code Y- requirements. ATTACHMENT '8°B- (31.2 2. Final landscape plans, irrigation system plans, tree preservation techniques, and guarantees, shall be reviewed and approved by the Dublin Planning Department prior to the issuance of the building permit. All such submittals shall insure: a. That plant material is utilized which will be capable of healthy growth within the given range of soil and climate. b. That proposed landscape screening is of a height and density so that it provides a positive visual impact within three years from the time of planting. c. That unless unusual circumstances prevail, at least 75% of the proposed trees on the site are a minimum of 15 gallons in size, and at least 50% of the proposed shrubs on the site are minimum of 5 gallons in size. d. That a plan for an automatic'irrigation system be provided which assures that all plants get adequate water. In unusual circumstances, and if approved by Staff, a manual or quick coupler system may be used. e. That concrete curbing is to be used at the edges of all planters and paving surfaces. f. That all cut and fill slopes in excess of 5 feet in height are rounded both horizontally and vertically. g. That all cut and fill slopes graded and not constructed on by September 1, of any given year, are hydroseeded with perennial or native grasses and flowers, and that stock piles of loose soil existing on that date are hydroseeded in a similar manner. h. That the area under the drip line of all existing oaks, walnuts, etc., which are to be saved are fenced during construction and grading operations and no activity is permitted under them that will cause soil compaction or damage to the tree. i. That a guarantee from the owners or contractors shall be required guaranteeing all schrubs and ground cover, all trees, and the irrigation system for one year. j. That a permanent maintenance agreement on all landscaping will be required from the owner insuring regular irrigation, fertilization and weed abatement. 3. Final inspection or occupancy permits will not be granted until all construction and landscaping is complete in accordance with approved plans and the conditions required by the City. THE CITY OF DUBLIN P.O.Box 2340 Dublin,CA 94568 (415)829-4600 STANDARD PLANT MATERIAL, IRRIGATION SYSTEM AND MAINTENANCE AGREEMENT i (property owner) do hereby agree that all plants (trees, shrubs and ground cover) will be installed in accordance with the City of Dublin's approved landscape plan for (name of project) located at • (address). All plants will be replaced in kind as per the approved plan at such time as they are found to be missing, diseased, damaged, or dead, for at least one (1) year from the date of their installation. I further agree that all plants will henceforth be irrigated, fertilized, weeded and tended on a regular basis such that they will maintain a healthy and weedfree appearance. I further agree that the irrigation system will be installed according to the irrigation plans as approved by the City of Dublin, and that said system will be kept in good working order for at least one (1) year from the date of the landscaping installation. This agreement is binding against this and all property owners of record. Signed: Date: ATTACHMET- - Pp I�1 .Z Form 83-05 1/83 �. 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I 1 , :11111(1 i [ i 1 Da$1 0 i ATI gig /ii3 :0, .. , ___ ..31...1 .._ 5—......-• !II %EWER 1 , 1* t GOLDEN GATE DRIVE :t I' . I • e -,I, 0 11 1,- ---i--• --'----4 I i-------- -- - -= I------- i _ _ ) •-. -- It Wet'0.11131.210 — z.,... ,-.--1—.. 00' V---- : ' e A / ‘ Ic,ot , 1 I''170,11.FDr r. ..,„.I Li ._,... ( .'"7..,k .I 1:31 '..1 1• •--- • t I I I 1 I 1. I I i I I Vi i. ! _... ) 6r,... 1 . , ' t I r A I I ) ,t, Ill 1,1 11 s LO () I f C 71 r. I 1 • 4',./ r, F 1 T \ / , .C. 0.0 / il 141 2 g /// 7F,..., / 1 ' F! 'Ikt * .4 --. i r fp ii i i. 7 \.11, 1 , I / E ! , ! t i . • --\l' / t • 0 in I si i . 1-1 I I. F' — 1 _ _A IL-4;r ,-- ,_ ti,Le __ __. , . fe- -11 Iv f f N \, 1------'_-7----,_ .,---;-- --- "to Of _ a;. t', Vi• 4 \ 1 . -- --------.4 ......, ..t 1 om,TE /0 20-08 4,, s. omi 1 GRADING PLAN Babbitt sc.,' /-re- — • . . V.. 11 pen aLGIdll PLO _ 400.3 I' CROWN CIII:VROLEr A.P.N.941-1500-032 Civil Engineering,Inc. a 39C•IllornIs Avant.,Sull•I 015-06/ MAIM CALIFORNIA PI ton,Ca.94888 (416) 3800,....„ :70,'1.7 \Er, i .6. . .�-, c.. ..'.: Mir . 'CI ,,,A.' f 3 ...* 3 Ei ! ...-.---ii .. ...„7,," .. _______=48________-_?4S__ ____, i —-•• -----—------,-- _ ill ? p--_-_. — _._..e /_ }o•SN.rf'w s44+q-',w r..l l...`..j..7,.p:„„t...-..1-..4,,, ! 7 E ! !- er !WER Al - i 1 t GOLDEN GATE DRIVE 14 la 7 es•P421mut-i • rI ^ I I!I I ! 4 E 4\ � I li � E i � tt1 ; k I� 1 r010 I 1- E E E rn I FYI o Ii II I I 01 rn I LI u ' ui o I I E ! ! (bI� 71 I t N II a id [1 . ! 1II _ _L_ ! _ — II 0 1 E \ i r,1_1 4 , Tit � 1,/ �1 , � I �. E E { -1 I I:1 fil _ _ - I � �_.}!i'01'7t'E E17.17t._ i-- - ! s tl 11d 1 i "t,4 A. Mai BOUNDARY AND TOPOGRAPHIC SURVEY OM.imro.0o •r PM arrvo•t 8 Babbitt SCALE no — • °r A HITS Civil En ineerin otsw•to . „t„, CROWN CHEVROLET A.P.N.941-1500-032 d ,Ina. --- m� 66C•Iltorala A ,9ult•109 cmcrto ee-oei P1 ,Ca.94560 41614 00 nro"twar 61,OL,t CALFORNAr•a rat JLL JI ILL I [u -40 I • C-2 C-1 y.. low - - - - - - - - - - - - - - - - - - 1 (S, DUB -Mr 5'. RRMOr, sc.,Ac CS Up6 TNI CT u. Z 0 V 4 4- CITY OF OUBLW watt r $ SHEET ICIJS • 'ROPERTY CHANGES SHALL INCLUDE\ 1'' . '.CREASED LANDSCAPING AND VIS1AL\, -._ 1 .0 ANY ADDITIONAL 1 - DEVELOPMENT SHALL IMPROVEMENTS TO EXISTING- \ 1 l ,t STRUCTURES �,. — \` . 1• - `'r\�',.10• BE CONTINGENT UPON \ 1 '`v '� = SCREENING SERVICE USE j �� j�► o.�. °. "�� _ \AND INCREASED \ v ' i LANDSCAPING .(.L.,:,/r,..,\, .......:. ',..: s.,:-.1.,t A vow:- „...: `,? .,, \ ,, %, t� "' ' INTERIM USE LIMITED Q �, y \s- 1 "' J : . \ �:, �. TO AUTOMOBILE v = _,-- / .,\ '\ \`• '• I DEALERSHIP , e • sot v f"7 \Y:.' ,-- 1:-:-..--V,;`,, ,. \.%- Y,'\ \\*40. --- ,._. ` .--'' _._,/ 11 'Y r\ "•- , ..,-:?`,\ ''r\ \ \ \II. sT `r-'-Th • \1 ---'' ''/4t. ----, . -...\---7:::-.-4,-A\,,, -. .,\\,, s "04,..c 0 ,‘.1 .,---,-,7,/./ -t;---:,_. _,_,,, --., , ...,\.: , *\ .,-A% c..=*, \‘‘\--,-,-: \v, ,y , ,----\ , ,i,\ ...-, ,. , p e.,-,. '-'," ---:-A::', . - --.:4716,.' Ik•A\"‘ .,tom/ /d .• //// , \itt __it-a, F:t:"tr-----:::a \ -7 - ... \tr:-:..-.----A/".4 \%tt•-re,<- .:::.:4*.?...\ *-4,, - 0,.." e97--:_\ ....4. :::_, li - 0110M-Thili rACI:'‘I,A \,.. ---(..--; ,_,:;\\ .,..„„../4 ',, Ot \\•I. , ,Nei ' • ;I'I.ll 'Or-A. � �',`�*'' - � : n \ . �.� :� �� \ \ r \IM a \ \ ''✓J = , .. ) '/ ' -� IP. W. t 'S)il ti :Al ,k 0 .:.:.•::::%:.::: :::::: . :.:; ;::1. \\ a 1 \ \\ _"--- ___.'/ .:::.:**: .:40 .4.11t:::.V0*. 7/ ,/,// \ , .._. .L.___:..-°Cr \vit r:-%1-1_.,-.--A._ . ..:.•::: :...:::.::•:::::::::.::::::::::M::::::-. ..el•, (.70.. ii, , \r- ,,, r_ . ,_,O,.. ge--- 45:17-AV ':':.:::.:::':::':•:::.:::*:•.:::•:.*:::':::':•:::::':::*:::":::.::.:. ...1000. \ .:::::::::„..:....:: ,.... . _....- , _______---c. r \ ) �' i iAli �—. ' ANY PARKING L ��Ev � OPMENT _ +. SHALL BE ADEQUA L'+Y`` .ANDSCAPED �/ \ ` t PROPERTY IMPROVEMENTS SHALL REQUIRE CONSTRUCTION OF NEW — STRUCTURES SHALL BE LIMITED TO ROADWAY EXISTING BUILDINGS OR THOSE RELATED TO REGIONAL TRANSIT ACTIVITIES OR TRANSIT-COMPATIBLE COMMERCIAL USES Interim Use Zones and Standards DUBLIN ATTACHMENT z�a 40� faet Go DUBLIN, C Diagram 11 PPc'gg 134 STACF REfear • r y.1 r r T , ? itryS ,r .yv ;r v ri ,....4.1s ,,,r. /": `� + d '� t iWiljf1 -+ ir. 61, rht[} $''v` t� l4.brzAA` ^ _ i f • u4.4t•- it J OUOLIN I I' OLVO. 01 t.. L -r-,0 , -. , w -0,... .: --- I. la „ . Lilt . 4 P t.71 --a , ., , ) 1 i . -.4 „ 9 cc U� -- I N o • 31 Q 1 a ^ _ c —f --- Y q �� 5 .n —_ A y• (......—IV''''...- � = VI Z p — n — lLI ' rirc.:: \ _ h"--.1 0 ,,/ 1 I I• ALA. co. PLOOD CONT. ►� PfUQWAY i-`S6O PARALLEL ROAD ° "° 300 (flip MAP SHOWING RIGHT—O —WAY LINES FOR A NEW ROAD SOUTHERLY OF AND PARALLEL TO so :oo FEET SOUTH O: DUBLIN BOULEVARD , BETV/EEt- I GIONAL: STREET AND AMADOR PLAZA ROAD DUI3LIN BOULEVARD BETWEEN REGIONAL STREET AND AEADOR PLAZA ROAD 7/1 3/t3U ,/li Z17 ' y 9 { u 9', l8 ! Z5 ' !8 HI Ip u, i Si 11s' 15' It I Z, a, I 1 i i 1 I { _\ e, x N k k { C_ >- Hk H 4 i IrE.ItE. o0 O N k S Q Q I >O O O O Q O N l CJ .. _. , . z l ;---- ,3 wa {. , . , 1 1-1 U CIl In I , ,, - _ _ pA se.-Olt STNFF pePoW CITY OF DUBLIN 6 L1 P.O.Box 2340 • Dublin,CA 94568 (415)829-4600 Planning Department (415) 829-4916 6500 Dublin Blvd. Suite D Eff.: 1/84 Dublin CA 94568 PLANNING APPLICATION FORM Notes to Applicant: * Please discuss your proposal with Staff prior to carpleting the Planning Application form. * All items related to your specific type of application must be completed. * Since this is a comprehensive application form, sore of the items might not apply to your specific application. * Please print or type legibly. * Attach additional sheets if necessary. HORIZATION OF PROPERTY OWNER ( A. PROPERTY OWNER: In signing this application, I, as property owner, have full legal capacity to, and hereby do,authorize the filing of this application. I understand . that conditions of approval are binding. I agree to be bound by those conditions, subject only to the right to cbject at the hearings or during the appeal period. Name: .-t J. /,()nn/✓e jT A) Capacity: Property Owner Address: j iSiVe,m,nn,d s• L4,,ycal,0,p Daytime Phone: (psi. 77/-/gli, .-74,,i ,A A1. 91///?S' ( ) Signature .X�/, emu., Date: 3. APPLICANT OTHER,. PROPERTY OWNER: In signing this application, I, as applicant, represent to have obtained authorization of the property owner to file this application. i agree to be bound by conditions of approval, subject only to the right to object at the hearings on the application. If this application has not been signed by the property owner, I have attached separate documentation of full legal capacity co—file-thi application dnd agreement-to cortdtttoTiS—ot aproval, subjec"toniy tb the right to object at the hearings or during the appeal period. Nam: Pat Costello Capacity Agent Address 7544 Dublin Blvd Daytime Phone: (415) 826-6500 Dubli'i � ( ) Signature: ,/ X Date: __. CERTIFICATION I certify that I have the authorization of the property owner to file this application. I further certify that the information and exhibits submitted are true and correct. Name: Capacity: Address: Daytime Phone: ( ) ( ) Signature: Date: y-g-/ c A' tv. +- •. .. _ . (OVER) ATTACHMENT 6 PA 88-iq 2-shots STAPP Red a, �I. GF�NERAL DATA REQUIRr\Th l .•A. "Address or Location of Property: 6707 Golden Gate Drive Dublin, CA 94568 B. Assessor Parcel Number(s): 941-1500-032 C. Site area: 1.98 Acrez D. Present Zoning: Commercial E. Existing Use of Property: Vacant F. Zoning and Existing Use Of Surrounding Property: Zone Existing Uses - North: Commercial Auto Dealership - South: . Commercial Lab Facilities - East: Commercial _ Vacant - West: Street G. Detailed Description of Proposed Use of Property: Obtain 5-year Use Permit to allow temporary paving of existing lot to provide additional car storage facilities for the existing dealership and employee/customer parking. (Continue on separate sheet if necessary) iv. TYPE OF APPLICATION Check type of planning permit(s) being requested: ❑ Acninistrative Conditional Use Permit 0 Rezoning ❑ Boundary Adjustment 0 Sign [XConditional Use Permit I$XSite Development Review ❑ General Plan Amendment 0 Subdivision Map ❑Planned Development ❑Variance 0 Other: v. SUBMITTAL REQUIREMENTS A. Planned Development: (See Planned Development Rezoning Submittal Requirements) B. Subdivision Map: (See Subdivision Map Submittal Requirements) C. Any Other Planning Permit: (See General Submittal Requirements) vI. PROCESSING (See_Planning Application Cover Letter) vii. REFERENCE PHONE NUMBERS Most questions related to the Planning Application should be directed to the Dublin Planning Department, however, sane concerns might be addressed directly by another appropriate department or agency: 1. City of Dublin: 2. Dublin San Ramon Services District: Building Inspection:(415) 829-0822 Fire: (415) 829-2333 Engineering: (415) 829-4916 Water, Sewer, Garbage: (415) 828-0515 Planning: (415) 829-4916 Police: (415) 829-0566 3. Zone 7 - Alameda County Flood Control: (415) 443-9300