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HomeMy WebLinkAbout6-18-1990 PC Agenda AGENDA CITY OF DUBLIN PLANNING COMMISSION Regular Meeting - Dublin Civic Center Monday - 7:30 p.m. 100 Civic Plaza, Council Chambers June 18, 1990 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 - June 4, 1990 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 for a future meeting. 7. WRITTEN COMMUNICATIONS 8. PUBLIC HEARINGS 8.1 PA 89-124 Villages Conditional Use Permit and Variance request for tract signage for four directional tract signs and three subdivision sale/rent/lease signs located at Dougherty Road, Amador Valley Boulevard, Willow and Willow Creek Road 8.2 PA 90-044 Schwartz Second Dwelling Unit Conditional Use Permit request to amend a condition of approval on Planning Commission Resolution No. 87-018 (approving a second dwelling unit) which limits age and handicapped restrictions to tenants of one of the units, instead of to occupants of one of the units, located at 8332 Cavalier Lane 9. NEW OR UNFINISHED BUSINESS 9.1 Review of 1990-95 Capital Improvement Program (CIP) 10. OTHER BUSINESS 11. PLANNING COMMISSIONERS' CONCERNS 12. ADJOURNMENT (Over for Procedures Summary) CITY OF DUBLIN PLANNING COMMISSION AGENDA STATEMENT/STAFF REPORT Meeting Date: June 18, 1990 TO: Planning Commission FROM: Planning Staff PREPARED BY: Ralph Kachadaurian,� Assistant Planner/Zoning p Investigator 4. 4 0o I, SUBJECT: PA 89-124 Villages at Willow Creek Tract and Subdivision Signs Conditional Use Permit/ Variance GENERAL INFORMATION: PROJECT: Conditional Use Permit/Variance request to erect and maintain five Directional Tract Signs and two Subdivision Sale or Lease Signs APPLICANT/OWNER: Ron Nahas Rafanelli & Nahas 1 Bates Boulevard, Suite 200 Orinda, CA 94563 LOCATION: Villages at Willow Creek ASSESSOR PARCEL NUMBER: 941-2781-5 & 6 941-2782-4 & 5 PARCEL SIZE: 135+ acres GENERAL PLAN DESIGNATION: Medium Density Residential EXISTING ZONING AND LAND USE: PD, Planned Development Residential SURROUNDING LAND USE AND ZONING: North: City of San Ramon South: PD, Planned Development (Residential) East: Camp Parks Military Training Reserve West: PD, Planned Development (Residential) ZONING HISTORY: The original 135+ acre site was rezoned from an A, Agricultural District, to the R-1-B-5, Single Family Residential Combining District, and C-N, Neighborhood Business District, by Zoning Unit 638, approved by the Alameda County Board of Supervisors on December 5, 1964. The zoning ITEM Noire' COPIES TO: Applicant/Owner File PA 89-124 PAGE L OF2,2 designation R-1-B-5 was subsequently relettered to an R-1-B-E designation. On April 15, 1985, the Planning Commission granted approval for a four parcel minor subdivision under Tentative Parcel Map 4575. The parcel split was requested to facilitate a purchase option agreement the Applicant (Rafanelli & Nahas Real Estate Development) had with the original property owner. On March 24, 1986, the City Council granted approval for the PD, Planned Development District and Tentative Map applications for the 1,165 unit Villages at Willow Creek project (PA 85-041.1 and .2). There are seven residential Villages under separate application and in various stages. On April 4, 1988, the Planning Commission approved a Conditional Use Permit/Variance, PA 88-003, request for a sign program containing three directional tract signs (all of which exceed the allowed copy square footage restriction and two of which exceed height restrictions). On May 2, 1988 a revision of a Variance request by the Applicant for the subdivision Sale/Rent/Lease signs was withdrawn at the Applicant's request. APPLICABLE REGULATIONS: Section 8-87.10 (F) (Definitions) of the Dublin Zoning Ordinance (Sign Regulations) defines Directional Tract Signs. Section 8-87.60 (A) (Signs Requiring Conditional Use Permit) establishes the dimensions criteria for Directional Tract Signs and requires Conditional Use Permit approval. Section 8-87.50 (H) (Exempt-Permitted Signs) identifies Subdivision Sale, Rent or Lease Signs to advertise the original sale, rent or lease of buildings or lots in conjunction with a subdivision development as a permitted sign and establishes maximum height, area and number permitted. Section 8-37.50(G) (Exempt Permitted Signs) identifies non-illuminated Temporary Sale or Lease Signs as a permitted sign and establishes the maximum sign area and number of signs permitted. Section 8-94.0 states that conditional uses must be analyzed to determine: 1) whether or not the use is required by the public 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 performance standards established for the district in which it is located. Section 8-87.67 Variance procedure establishes the procedure and findings for granting sign variances. ENVIRONMENTAL REVIEW: This project has been found to be Categorically Exempt from CEQA under Section 15311, Class 11 (a) and Section 15305, Class 5 of the -2- PAGE a OF /\ eN California Environmental Quality Act Guidelines. NOTIFICATION: Public Notice of the May 21, 1990, hearing was published in the local newspaper, mailed to adjacent property owners, and posted in public buildings. BACKGROUND: At the May 21, 1990 meeting, the Planning Commission continued PA 89-124 to the June 18, 1990 Public Hearing in order for the Applicant to resubmit revised site and sign plans for the proposed tract sign program. ANALYSIS: The City's Sign Ordinance establishes provisions to allow three types of signs which may be utilized to identify projects at the Villages sites: 1. Directional Tract Signs which require Conditional Use Permit approval are typically located off-site and are intended to provide directions to new subdivisions. 2. Subdivision Sale or Lease Signs are permitted signs (do not require Conditional Use Permit approval) which must be located on-site and are intended to identify the initial (original) sale or lease of units or lots in a subdivision. 3. Sale or lease signs are permitted signs, which must be located on- site and are intended as temporary signs to notice the sale, lease or rental of property. The Applicant is requesting approval of a Sign Program containing seven signs to identify the new construction and existing occupied projects, of the Villages Willow Creek residential developments. The Applicant's proposal utilizes all three types of possible signs. A similar Conditional Use Permit request (identifying different projects within the Villages) was approved by the Planning Commission in April 1988, and expired October 14, 1989. Five of the seven signs requiring Conditional Use Permit approval are Directional Tract or Directional Tract Combination Signs (see Attachment 1) because they are temporary signs containing only the new name, location, and direction for a subdivision and/or multiple family residential projects. Two remaining signs are a Subdivision Sale or Lease Signs (see Attachment 1). These are permitted signs and neither Site Development Review nor a Conditional Use Permit approval is required. Under the current Sign Ordinance requirements, the Applicant would be allowed to erect and maintain up to 19 combined temporary Sale or Lease Signs, Subdivision Sale or Lease Signs and/or Directional Tract Signs for the entire Villages site. In order to reduce the total number of signs, the Applicant is proposing combining temporary Sale or Lease Signs, and Subdivision Sale/Lease Signs with the Directional Tract Signs. This would reduce visual clutter of -3- PAGE 3 Or2-2 rAN too many signs and provide clear direction to each site. Attachment 1 is a table listing the signs proposed, ordinance requirements and Staff's recommendation concerning the application. Three of the proposed signs require Variance approval. Three of the five Directional Tract Combination Signs exceed the copy square footage restriction and two of these same three signs exceed height restrictions. Because of this a Variance is requested. Staff is recommending approval of the Variance due to the special circumstances related to the height of the existing sound wall. Staff recommends approval of the Variance request based upon the following findings: 1. There are special circumstances including size, shape, topography, location or surroundings, applicable to the property which deprive the property of privileges enjoyed by other properties in the vicinity under the same zoning classification. The three Directional Tract Signs (A-1, A-2, and A-3) are located behind the existing 8 foot high sound wall which fronts along Dougherty Road. The height of the wall blocks visibility to the properties of the Villages tract. 2. The granting of the Variance will not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and zone, in that special circumstances exist which warrant granting the Variance. 3. The granting of the Variance application will not be detrimental to persons or property in the neighborhood or to the public welfare. The signs would provide adequate identification for the large subdivisions, and they comply with building code requirements. The Sign Ordinance does not allow Directional Tract Signs and Subdivision Sale or Lease Signs for completed projects. To comply with the Sign Ordinance, Staff recommends that the Planning Commission approve the Conditional Use Permit with the exceptions that for the completed projects (Amador Oaks and Cottonwood), offsite signage not be allowed. 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 resolutions approving Conditional Use Permit and Variance request, or give Staff and Applicant direction and continue the matter. ACTION: Staff recommends the Planning Commission adopt the attached resolutions approving the Conditional Use Permit (Exhibit B) and Variance (Exhibit C) requests for PA 89-124, Villages at Willow Creek Road, Dougherty Road and Amador Valley Boulevard Sign Program. -4- PAGE' Of raN ATTACHMENTS: Exhibit A: Site Plan, Revised Sign Elevations Exhibit B: Draft Resolution approving PA 89-124 Villages at Willow Creek Direction Tract Signs Conditional Use Permit Exhibit C: Draft Resolution approving PA 89-124 Villages at Willow Creek Directional Tract Sign Variance Background Attachments: 1. Signs Proposed, Staff Recommendations and Location Map 2. Vicinity Map 3. Applicant's Letter/Written Statement dated May 25, 1990 4. Excerpts from Dublin Sign Regulations -5- PAGE OF°2 „ • I w — v /�i 0 A-1� ' CROSS 'TORREY /r PARK CREEK _ PINES PARK WOOD •' ckas$ CO 'M'ON .6o5Z V1u..3WOOD ` AMADOR �(1LL.4 �•SSI 1 �N OAKS Tk.5872. vnLL• 2 ..„........ '1/4. ' / SI . r." a•^" >! l THE WOODLANDS RIDGE / CREEK Gti ... --: D . . s„..._____._._.____ Villages at Willow Creek Master Tract Sign Program 5/25/90 0 ��� _ ' p cr)o Z '�1f,.�d/w�' w c' Z • > — co w cv o. U r Z w c J iii ce ` Co n • 1 solo" 1 t .. c t•F"f 4 Dti..E C'rIC•N c. 'TO CGMG CoPi IsP-CA 1. 1'T°,c 610" r. (;;;/-ei?ne-2,-,---- ) eV' ..-- Ilr WILLO? lC 1EE K L I f►I LA7Tice) I I e e�; I I - r1 1 1 'o I Fa I I 0.') • . ' II I 1u FP-• •; ,o —I ALL. ` Si`I -/— --r RECEIVED 1 6 H -'`' n ,� OCT 1 0 1989 DUBLIN PLANNING rill 3(7—,�Y o.,. �,� _"., y�,�. �...ram-+L.1._a 1� ,. ..a«, A_i: THE °• GE A-I ,aIIIVITAS, p II DIAMOND I� GROUP r 1 -.Tu as-0no mmINA p co _•�-.tit' ._.. _ _ Concept by Hosulak&Associates,Ir I SR mil IEr • rya 1t'_.riY . < gli'.1. ":414 • try 3 •ate •TStirr,;.�r4i i :!?I\ I ' T -- • 6.• 1 . ,IX!'• I • • 'YIN v I,t I; I 1 I. - I`D\ I . I r i I . i • I <c'_ i I- -z _ ^ /_ a• . 1 \kr\ t 1 -' I \. I I r , , io� • • • EXHIBIT , /..... ...... . 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I ) .s I\ ( .... IS I IIIII , J • J 11- t h- Y 11 r f ' . EXHIBI 11. PAGE J GF . 1 / • 3 � COP'f To CCM • fYoCA is 7- r IN 2'711}c 1',c El., t F.e, Fl. ,-..-...,,,, 0%49 / I I I 1 ) r 1 s1 �� II // A A 1 L A rilMI (. 1 0 _______:/1_: G.) • `S�. -117 ' mine . ` RECEIVED �' tLL C_ I O CT t 0 1989 d _ — . . DUBLIN PLANNING PAT(1Z7-27 � ...AI... x: w . • • Pi " ; 1-, -Pr f :SV3Nv1510N :-I�I.6c �.y�J .Wi1cWlpr. ..••• �® DiA1OND`` TM ; , ® GROUP: : RESOLUTION NO. 90- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING PA 89-124 VILLAGES AT WILLOW CREEK ROAD, DOUGHERTY ROAD AND AMADOR VALLEY BOULEVARD DIRECTIONAL TRACT SIGNS CONDITIONAL USE PERMIT WHEREAS, Ron Nahas of Rafanelli and Nahas Real Estate Development filed a Conditional Use Permit request and Variance for a Sign Program containing seven directional tract combination signs and subdivision sale or lease signs for the Villages at Willow Creek, Dougherty Road and Amador Valley Boulevard; and WHEREAS, the Planning Commission held a public hearing on said application on May 21, 1990 and June 18, 1990; and WHEREAS, proper notice of the May 21, 1990 public hearing was given in all respects as required by law; and WHEREAS, the request is categorically exempt in accordance with the provisions of the California Environmental Quality Act; and WHEREAS, a Staff Report was submitted recommending approval of the Conditional Use Permit application; and WHEREAS, the Planning Commission heard and considered all said reports, recommendations and testimony hereinabove set forth. NOW, THEREFORE, BE IT RESOLVED THAT the Dublin Planning Commission does hereby find: A. The use is required by the public need at the proposed location in that the signs provide directional identification for four large subdivisions. B. The use will be properly related to other land uses and transportation and service facilities in the vicinity in that the size, height and copy square footage of the signs is commensurate with the size of the development and its identification needs. C. The use, if permitted under all circumstances and conditions of this particular case, would not materially affect adversely 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 area in that the signs meet zoning and building code requirements. D. The use will not be contrary with the intent of the Zoning Ordinance in that it provides attractive and effective advertising for the Villages Willow Creek Development. BE IT FURTHER RESOLVED THAT the Dublin Planning Commission does hereby PACE a' .OF EXHIBITS conditionally approve PA 89-124 Conditional Use Permit request for five directional tract signs as shown by the materials labeled Exhibit A, on file with the Dublin Planning Department, subject to Conditions of Approval for related Conditional Use Permit (PA 89-124) Resolution No. and subject to the following conditions: CONDITIONS OF APPROVAL: Unless stated otherwise, all Conditions of Approval shall be complied with prior to issuance of building permits or establishment of use, and shall be subject to Planning Department review and approval. 1. PA 89-124 Conditional Use Permit is approved for the following signs: A=1 Directional Tract/Sale or Lease Combination Copy Parkwood/Torrey Pines/Cottonwood Area 130 sq. ft. Height 14.75 A-2 Directional Tract/Subdivision Sale or Lease Combination Copy Torrey Pines/Parkwood Area 130 sq. ft. Height 15.74 feet A-3 Directional Tract/Sale or Lease Combination Copy Torrey Pines/Parkwood/Amador Oaks Area 130 sq. ft. Height 12 feet B=1 Direction Tract/Sale or Lease Combination Copy Parkwood/Cottonwood Area 48 sq. ft. Height 10 feet B-2 Subdivision Sale or Lease Copy Torrey Pines Area 32 sq. ft. Height 12 feet B-3 Directional Tract Copy Parkwood Area 64 sq. ft. Height 12 feet C=1 Subdivision Sale or Lease Copy Parkwood/Coming Soon Area 48 sq. ft. Height 10 feet PAGE 15 OF 2 /N 2. This Conditional Use Permit approval expires on June 18, 1991, or until the last lot/units are sold, leased/rented (original sale, lease, rental), whichever occurs first, at which time the signs shall be removed. 3. The approval period for the Conditional Use Permit may be extended one (1) additional year (Applicant must submit a written request for the extension prior to the expiration date of the Conditional Use Permit) by the Planning Director upon determination that the Conditions of Approval remain adequate to assure that all stated conditions will continue to be met. 4. Any additional wall mounted or freestanding signage proposed for The Villages shall be subject to review by the Planning Department prior to installation. 5. On an annual basis this use shall be subject to Zoning Investigator review as to compliance with the Conditions of Approval. 6. This Conditional Use Permit shall be revocable for cause in accordance with Section 8-90.3 of the Dublin Zoning Ordinance. Any violation of the terms or conditions of this permit shall be subject to citation. PASSED, APPROVED AND ADOPTED this 18th day of June, 1990. AYES: NOES: ABSENT: Planning Commission Chairperson ATTEST: Planning Director • PAGEL OF 12-2 es RESOLUTION NO. 90- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN CONDITIONALLY APPROVING PA 89-124 VILLAGES AT WILLOW CREEK ROAD, DOUGHERTY ROAD AND AMADOR VALLEY BOULEVARD DIRECTIONAL TRACT COMBINATION SIGNS VARIANCE WHEREAS, Ron Nahas of Rafanelli and Nahas Real Estate Development filed a Conditional Use Permit request and Variance for a Sign Program containing seven directional tract combination signs and subdivision sale or lease signs for the Villages at Willow Creek, Dougherty Road and Amador Valley Boulevard; and WHEREAS, the Planning Commission held a public hearing on said application on May 21, 1990 and June 18, 1990; and WHEREAS, proper notice of the May 21, 1990 public hearing was given in all respects as required by law; and WHEREAS the request is categorically exempt in accordance with the provisions of the California Environmental Quality Act; and WHEREAS, a Staff Report was submitted recommending approval of the Variance application; and WHEREAS, the Planning Commission heard and considered all said reports, recommendations and testimony hereinabove set forth. NOW, THEREFORE, BE IT RESOLVED THAT the Dublin Planning Commission does hereby find that: 1. There are special circumstances including size, shape, topography, location or surroundings, applicable to the property which deprive the property of privileges enjoyed by other properties in the vicinity under the same zoning classification. The three Directional Tract Combination Signs are located behind the existing 8 foot high sound wall which fronts along Dougherty Road. The height of the wall blocks visibility to the properties of the Villages tract. 2. The granting of the Variance will not constitute a grant of special privilege inconsistant with the limitations upon other properties in the vicinity and zone, in that special circumstances exist which warrant granting the Variance. 3. The granting of the Variance application will not be detrimental to persons or property in the neighborhood or to the public welfare. The signs would provide adequate identification for the large subdivisions, and they comply with building code requirements. EXHIBIT C ?AGE 17_OF BE IT FURTHER RESOLVED THAT the Dublin Planning Commission hereby conditionally approves the Variance request for three Directional Tract Combination Signs, as shown by the materials labeled Exhibit A on file with the Dublin Planning Department, subject to conditions of approval for related Conditional Use Permit (PA 89-124) Resolution No. and subject to the following conditions: CONDITIONS OF APPROVAL: Unless stated otherwise, all Conditions of Approval shall be complied with prior to issuance of building permits or estabishment of use, and shall be subject to Planning Department review and approval. Approval of PA 89-124 Variance is for the following three Directional Tract Combination Signs: Sign A-1 Copy: Parkwood/Torrey Pines/Cottonwood Sign area — 130 square feet Sign height — 14.75 feet Sign A-2 Copy: Torrey Pines/Parkwood Sign area — 130 square feet Sign height — 15.74 feet Sign A-3 Copy: Torrey Pines/Parkwood/Amador Oaks Sign area — 130 square feet Sign height — 12 feet PASSED, APPROVED AND ADOPTED this 18th day of June, 1990. AYES: NOES: ABSENT: Planning Commission Chairperson ATTEST: Planning Director - 2 - PAGE L OF 2-2 ORDINANCE STAFF PROPOSED REQUIREMENT RECOMMENDS A_1 Directional Tract/Sale or Lease CUP/VAR CUP/VAR Combination Approval Copy Parkwood/Torrey Pines/Cottonwood Area 130 square feet 64 sf + 24 sf — 88 sf Height 14.75 12 feet A-2 Directional Tract/Subdivision Sale or CUP/VAR Lease Combination Copy Torrey Pines/Parkwood/Amador Oaks Remove Amador Area 130 square feet 64 sf + 32 sf — 96 sf Oaks copy for Height 15.74 feet 12 feet CUP/VAR approval A-3 Directional Tract/Sale or Lease CUP/VAR CUP/VAR Combination Approval Copy Torrey Pines/Parkwood/Amador Oaks Area 130 square feet 65 sf + 24 sf — 88 sf Height 12 feet 12 feet B=1 Direction Tract/Sale or Lease CUP CUP Combination Approval Copy Parkwood/Cottonwood Area 48 square feet 64 square feet Height 10 feet 12 feet B_2 Subdivision Sale or Lease* Permitted Sign Remove Amador Oaks copy for Copy Torrey Pines/Amador Oaks ordinance Area 32 square feet 32 square feet compliance Height 12 feet 12 feet B=3 Directional Tract CUP Remove Cottonwood Copy Parkwood/Cottonwood copy for Area 64 square feet 64 square feet CUP approval Height 12 feet 12 feet C_1 Subdivision Sale or Lease Permitted Sign Reduce sign area to comply Copy Parkwood/Coming Soon with Ordinance Area 48 square feet 32 square feet (Applicant in Height 10 feet 12 feet Agreement) *Applicant is requesting sign to be a Directional Tract/Sale or Lease Combination Sign. However, it meets the requirements of a permitted Subdivision Sale or Lease Sign. PASS--4�rr OF ATTACHMENT / • • . ti .. �,L do 4 • ®titAMADOR .0 : ciii: "SMRREY � PARK - PINES PARK WOOD TR.4.25.5 COTTON "►�,6052 VW-.3 WOOD OAKS 7k.5872 v'LL•2 PILL.S C—1 k e..• t THE WOODLANDS RIDGE / CREEK l 7.---------------T ` / Site Plan Villages at Willow Creek Master Tract Sign Program Q n 5/25/90 '' r=n c5rreC 0 Cr). Q w a� Z > � iQ � � 1 r Z wri m 0 ii... ...... Loc,t-ritit3 Ph? • „ ., A-P-• rfl; ------------ -- ..dilli ti ......."-'......'''' ..111111 • ------- ..-------- .• I=1 MN lai 4.1/14141.11:5., 01\ 1•5'&11W C.00IA ...'.. 11 0 la MA\ PD 1.1116 7.I/. .•::1-,...:!....1::::•.-'., 111.7.: . i r fr. OM' ......011 , i' -.•• . • /'A......... ‘,..1. 'rZiZ I:': '. .•S ..,„.‘,... .: •N..;., *8....., ...., ...A. ..... 4.is „ r. ., .4 \ _,...., . .c•PD <--c•-• '' \k‘., S;:-- ' :'?N': >\', /AI;\p,.... .• .=:3'.1•'.4.,,' -y. 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'O'rr' S. .. .. i i• 4, , PD 7.71 7„...; •'i e t J. ,V _ .1; 4........ _q:7-7 % .,,, IIII•3 1 i'l. R4.13.- •. ,.‘„c , .' ,. \. .\•• -1/..i' ..,..\\A. • :.....\..•• -.' - is/ ..51. ...ip ..•• '\.: '9\-I 11:1 'g:NV . .., ...' ...•' . ':•\..1:1.>,;‘,,e. .)'‘..:.,,Ili erc, N 14-4_, "Y \ , . s/,<?s,\ ...(0;y;*e3' . ..lii,ii{PI,)717;t: ' • :- \ ' L R-1 4.--.(P * • • - i'zpi .:1 --. PAGF-21 OF:"7—, Rafanelli and Nahas MAYRECEIVED Real Estate Development MAY 2 9 1990 DUBLIN PLANNING May 25, 1990 Mr. Ralph Kachadourian City of Dublin 100 Civic Plaza Dublin, CA 94568 Dear Ralph: We are requesting a continuance for Conditional Use Permit #PA 88-003. We will be using the same three 'A' type signs as originally approved. This approval included a variance for the square foot requirements and two of the signs exceeded the height requirements. I believe the variance was granted due to the height of the sound wall which blocks the view of signs placed on the property and considering the number of different projects within the master tract advertising on each sign. In addition, we would like the permit to include three tract directional signs which are identified as 'B' type signs on the enclosed site plan. These signs conform with the square foot and height requirements and would not require a variance. The C-1 sign will be a subdivision sign and meets all of the ordinance requirements. The Villages at Willow Creek is a unique development in that it is a master tract and was subdivided into seven projects consisting of both multi-family for-sale and for-rent projects. Two of the for-sale projects are sold out and do not require signage. Construction on three of the rental projects is completed. The last two projects have just commenced construction and will be completed in the Spring of 1991. Under the current sign ordinance, five of these projects could have a total of at least 19 temporary, subdivision and/or directional tract signs. In order to reduce the total number of signs permitted on the master tract, we have proposed combining the use of the subdivision, directional and temporary signs. Reducing the number of signs allows maximum visibility to identify each project, provides clear direction for locating each property and conformity in the sign design. ATTACHMENT, 20211 PATIO DRIVE,SUITE 215,CASTRO VALLEY,CA 94546 (415)537-0486 WAGE, OF_ j Mr. Ralph Kachadourian May 25, 1990 Page Two I have enclosed a site plan showing where these signs are located on the master tract and a list identifying the wording proposed for each of the signs. If you need additional information or clarification, please give me a call. Sincerely, Dianna Starr Enclosures /ds cc: Lisa Whitesides, Amador Oaks Heidi Chapman, Standard Pacific ATTACHMENT3 PAGE.OF THE VILLAGES AT WILLOW CREEK MASTER TRACT SIGN PROGRAM Proposed Use of Existing Signs 'A' TYPE SIGNS: Tract Directional, Conditional Use Permit and Variance A-1 (Corner Amador Valley Blvd./Dougherty Road. Village 2) Double-faced sign South Face: Park Wood Torrey Pines Cotton Wood North Face: Park Wood Cotton Wood A-2 (Corner Willow Creek Drive/Dougherty Road, Village 4) Double-faced sign. North Face: Torrey Pines Park Wood Amador Oaks South Face: Torrey Pines Amador Oaks A-3 (Corner Fall Creek Road/Dougherty Road, Village 5) Double-faced sign. North Face: Torrey Pines Park Wood Amador Oaks South Face: Torrey Pines Amador Oaks 'B' TYPE SIGNS: Tract Directional, Conditional Use Permit (No Variance Required) B-1 (Amador Valley Blvd./Wildwood Rd.. Village 2) RECEIVED Double-faced sign. MAY 29 1990 East Face: Park Wood DUBLIN PLANNING Cotton Wood West Face: Park Wood Cotton Wood ATTACHMENT 3 PAGE` OF�� B-2 (Willow Creek Drive, Village 4) Single-faced sign. East Face: Torrey Pines Amador Oaks B-3 (Corner Wildwood Road/Dougherty Road, Village 3) Double-faced sign. East Face: Park Wood Cotton Wood West Face: Park Wood Cotton Wood 'C' TYPE SIGN: Subdivision, meets all requirements, permit not required. C-1 (Wildwood Road on Park Wood site) Double-faced: Park Wood - Coming Soon Cotton Wood, Village 2: A 248 unit condominium project by Rafanelli and Nahas presently leased as apartments. Construction complete. Park Wood, Village 3: A 224 unit condominium project by Rafanelli and Nahas to be leased as rental apartments. Construction commenced spring 1990. Torrey Pines, Village 4: A 135 unit condominium project by Standard Pacific of California. Construction commenced spring 1990. Amador Oaks, Village 5: A 204 unit apartment project by J. L. Construction. Construction complete. ATTACHMENT3 PAGED- F a 1 Eu�o,J 8—8-7.[O CO • F) Directional Tract Sign. Directional Tract Sign means a Temporary Sign containing only the name and location of a subdivision and/or a multiple family residential project and directions for reaching same. A Directional Tract Sign is a Principal Use for the purpose of Section 8-93.0. (Directional Tract Signs are regulated by Section 8-87.60A) SIGNS REQUIRING CONDITIONAL. USE PERMITS) G) Directory Sign. The term Directory Sign shall mean a Business Sign located for the purpose of displaying the names of occupants engaged in professions or businesses on the premises. H) Freestanding Sign. The term Freestanding Sign shall mean a Business Sign supported by one or more uprights, braces, columns, poles, or other similar structural components placed on or into the ground, and not attached to a building, and having no exposed or connecting wires. (Freestanding Signs are regulated by Sections 8-87.34 FREESTANDING SIGNS, 8-87.35 ALTERNATE TYPES OF FREESTANDING SIGNS, and 8-87.30F) REGULATIONS GOVERNING SIZE AND STANDARDS, FREESTANDING SIGN - LANDSCAPING) I) Identification Sign. The term Identification Sign shall mean a sign, or device, for churches and auditoriums which serve exclusively to designate the name, or the name and use, of a public building, or multi-family residential use, or to inform the public as to the use of a lawful parking area, recreation area, or other open use permitted in the District. (Identification Signs are regulated by Section 8-87.61A) SIGNS REQUIRING ADMINISTRATIVE CONDITIONAL USE PERMITS) [Ord. No. 6-87, January 1987] J) Illuminated Sign. An Illuminated Sign shall mean a Business Sign which uses a source of light in order to make the message readable, and shall include internally and externally lighted signs. K) Low Profile Sign. The term Low Profile Sign shall mean a Business Sign that serves to identify a business complex including the range of the businesses within the complex, and may also serve as a directory sign identifying tenants located in said complex. (Low Profile Signs are regulated by Section 8-87.35 ALTERNATE TYPES OF FREESTANDING SIGNS) [Ord. No. 6-87, January 1987] L) Non-conforming Sign. The term Non-conforming Sign shall mean a sign lawful before the provisions of this Chapter, or of any relevant amendment hereto made effective, but which thereupon violates same. N) Office Building Master Identification Sign. The term Office Building Master Identification Sign shall mean a Business Sign that serves to identify an office building or any institutional use, and whose copy shall include only the name of the office building or institutional use and the street address range of the complex. N) Off-Site Advertising Sign. The term Off-Site Advertising Sign shall mean any lettered or pictorial matter or device which advertises or informs about a business organization or event, goods, products, ATTACHMENT I .51C4J olteo*Str PAGEG&pp� . � g-87.1 o • W) Special Easement Sign. The term Special Easement Sign shall mean a Business Sign located off-site from the premises the sign has been designed to advertise where said premises is located on a parcel of land without direct access or frontage on an improved public right-of-way, and where the two premises involved are interconnected by a traversable vehicular roadway which is subject to a non-revocable, non-exclusive recorded vehicular access easement. (Ord. No. 6-87, January 1987] X) Temporary Sign. The term Temporary Sign shall mean any sign, banner, ` pennant, valance, or advertising display constructed of cloth, canvas, light fabric, cardboard, plywood, wallboard, or other light materials, with or without frames, intended to be displayed for a limited period of time only. Y) Time/Temperature Sign. The term Time/Temperature Sign, including an Electronic Readerboard, Business Bulletin Board, or other Changable Copy Sign, shall mean a Business Sign on which the copy is manually or electrically changed and which is intended primarily to promote items of general interest to the Community such as time, temperature and/or date. (Time/Temperature Signs are regulated by Section 8-87.60E) SIGNS REQUIRING CONDITIONAL USE PERMITS) (Ord. No. 6-87, January 1987] Z) Wall Sign. The term Wall Sign shall mean a Business Sign attached or erected against the building or structure, with the exposed face of the sign in a plane parallel to the plane of such building or structure. Sec. 8-87.20 GENERAL LIMITATIONS BY LAND USE DISTRICT. Sec. 8-87.21 A - AGRICULTURAL DISTRICT - SIGNS PERMITTED. When located in an A District, and subordinate to a lawful use, Business Signs not exceeding an aggregate area of twenty (20) square feet are permitted. Sec. 8-87.22 R-1, R-2 AND R-S DISTRICTS - SIGNS PERMITTED. A) The following types of signs are permitted in an R-1, R-2 or R-S District with a Conditional Use Permit as set forth in Section 8-87.60 SIGNS REQUIRING CONDITIONAL USE PERMITS: 1) Directional Tract Signs 2) Community Identification Signs 3) Identification Signs Sec. 8-87.23 PD - PLANNED DEVELOPMENT DISTRICT - SIGNS PERMITTED. Type, size, location and character of signs established in a PD District shall be as stipulated by the Zoning Ordinance establishing the PD District. Modifications to the adopted sign program may be considered by the Planning Director upon application of a Site Development Review pursuant to Section 8-95.0 SITE DEVELOPMENT REVIEW. Sec. 8-87.24 H-1, C-1, C-2 AND M-1 DISTRICTS - SIGNS PERMITTED. A) The following types of signs are permitted in the H-1, C-1, C-2 and M-1 Districts: �L1OQi 4&E ATTACHMENT PAGE ? OF2_7 cxorJ -S7.51:D G) Non-illuminated temporary sale or lease signs which are to be intended for use solely as a notice of an offering for sale, lease, or rental of a parcel, structure, or establishment on which the sign is located; provided that such signs shall not exceed a maximum area of twenty-four (24) square feet; and provided further that two (2) signs per parcel be allowed and only one (1) such sign may be placed for each one hundred (100) feet of street frontage; H) Subdivision sale, rent or lease signs to advertise the original sale, rent or lease of buildings or lots in conjunction with a subdivision development with a maximum area of thirty-two (32) square feet plus one additional sign of like dimension for each thirty-five (35) lots or buildings for sale, rent or lease. Signs shall not exceed a maximum height of twelve (12) feet, shall not be illuminated and shall observe the yard limits of the District the sign is located within; I) A bulletin board used to display announcements pertaining to an on-site church, school, community center, park, hospital, and/or public or institutional building, twenty four (24) square feet maximum area, and subject to the yard and height limits of the district the sign is located within; J) A tenant directory or other exclusively informational listing of tenant names not to exceed a maximum area of twelve (12) square feet, attached to the wall at the entrance of a building; K) Service Station Price Signs indicating gasoline prices and available services when accessory to an existing service station. 1) One (1) price sign is permitted along each street frontage to a maximum of two (2) price signs. 2) Each price sign may have a maximum single-faced area of sixteen (16) square feet or twenty-four (24) square feet for service stations offering four (4) or more fuel products, or a maximum double-faced area of thirty-two (32) square feet or forty-eight (48) square feet for service stations offering four (4) or more fuel products. 3) The maximum sign height shall not exceed six (6) feet. 4) A price sign may be attached to, combined with and made part of a Service Station Display Structure Sign pursuant to Section 8-87.35H) ALTERNATE TYPES OF FREESTANDING SIGNS. [Ord. No. 7-86, May 1986; Ord. No. 6-87, January 1987; Ord. No. 18-88, September 1988] L) Signs located inside a building or structure, provided any such sign is neither attached to windows with its sign copy visible from the outside nor otherwise so located inside so as to be conspicuously visible and readable, without intentional and deliberate effort, from outside the building or structure, provided however that any sign, or signs, which in the aggregate have an area not exceeding 25% of the window area from which they are viewed are also permitted and need not be included with the computation of permitted aggregate sign area. -17- ATTACHMENT it stw peixop ce PAGE OF a, n jfS Sec. 8-87.60 SIGNS REQUIRING CONDITIONAL USE PERMITS. The following type of signs may be located in required yards, if a Conditional Use Permit is granted in accordance with Section 8-94.0 CONDITIONAL USES: A) Directional Tract Sign, in any district, sixty-four (64) square feet maximum area for double-faced signage and thirty-two (32) square feet maximum area for single-faced signage; twelve (12) feet maximum height, shall not be illuminated, and shall not be located within six hundred sixty (660) feet of an interstate freeway. The size of the sign used need not be included as part of the aggregate sign area permitted on the property. [Ord. No. 7-86, May 1986; Ord. No. 18-88, September 1988] B) Community Identification Sign, one hundred twenty (120) square feet maximum area, twenty (20) feet maximum height, shall be located within one thousand (1,000) feet of the City's corporation boundary. Sign illumination shall not be intermittent and sign copy shall be limited to: 1) the name of the community; 2) information relating to the service clubs active in the area; 3) community slogans or mottos; or 4) directional information. C) Temporary Promotional Signs - Sixty Day (60) Time Frame (banners, pennants, flags, balloons, searchlights and similiar advertising devices), when used for special promotional events, for periods that cumulatively do not exceed a maximum of sixty (60) days annually (any twelve (12) month period) and, on an individual promotional event basis, do not exceed fourteen (14) consecutive days of display. D) Freestanding Signs in excess of twenty (20) foot height, located on parcels, or collections of parcels under common ownership and use, four (4) acres or greater in size, or single-use parcels one and one-half (1-1/2) acres or greater in size, with the maximum allowable height being between twenty (20) and thirty-five (35) feet and with the proposed size (area and height) determined through the dimensional criteria of Section 8-87.34 FREESTANDING SIGNS and the Conditional Use Permit review process. E) Time/Temperature Signs, including Electronic Readerboards, Business Bulletin Boards, and other Changable Copy Signs on which the copy is manually or electrically changed, when used to promote items of general interest to the community such as time, temperature, and/or date. [Ord. No. 6-87, January 1987] F) Special Easement Signs, used as part of the permanent signage to designate, identify, or indicate the name(s) or business(es) of the owner or occupant of a premises in the immediate vicinity of the parcel upon which the sign is located. The premises said sign is designed to advertise must be located on a parcel of land without direct access or frontage on an improved public right-of-way. Said properties must be interconnected by a traversable vehicular roadway which is subject to a -19- St ceptap,A)td ATTACHMENT PAGE ` n r� CITY OF DUBLIN PLANNING COMMISSION AGENDA STATEMENT/STAFF REPORT Meeting Date: June 18, 1990 TO: Planning Commission FROM: Planning Staff U & -k PREPARED BY: Carol R. Cirelli, Associate Planner SUBJECT: PA 90-044 Schwartz Second Dwelling Unit Conditional Use Permit Amendment, 8332 Cavalier Lane GENERAL INFORMATION: PROJECT: The Applicant is requesting a Conditional Use Permit to amend a condition of approval on Planning Commission Resolution No. 87-018 (approving a second dwelling unit at 8332 Cavalier Lane). The proposed amendment would limit the age and handicapped restriction to tenants of one of the units instead of to owner occupants of one of the units. APPLICANT/OWNER: Darlene Schwartz 8332 Cavalier Lane Dublin, CA 94568 LOCATION: 8332 Cavalier Lane ASSESSOR PARCEL NUMBER: 941-166-12 PARCEL SIZE: 6,658+ square feet GENERAL PLAN DESIGNATION: Single Family Residential (0.9 to 6.0 DU/AC) EXISTING ZONING AND LAND USE: R-1-B-E Single Family Residential Combining District Residential COPIES TO: Applicant/ ITEM No. . Owner File PA 90-044 File PA 87-024 PAGE-_OFL n r'\ SURROUNDING LAND USE AND ZONING: The property is surrounded by single family units in an R-1-B-E Single Family Residential Combining District zone. ZONING HISTORY: April 6, 1987 - Planning Commission approved a Conditional Use Permit request (PA 87-024) to allow construction of a 98 square foot addition to an existing family room and the conversion of the family room to a second unit at 8332 Cavalier Lane, (Planning Commission Resolution No. 87-018). APPLICABLE REGULATIONS: City Ordinance No. 5-84 establishes regulations relating to second units in an R-1 District. Section 8-26.3(f) Conditional Uses: R-1 Districts of the Zoning Ordinance establishes a second unit as a conditional use within an R-1 District. Section 8-60-58.1 Purpose of Second Units of the Zoning Ordinance establishes the purpose of allowing second units in R-1 Districts, as well as minimum development and occupancy criteria as specified in Attachment 1. Section 8-94.0 states that conditional uses must be analyzed to determine: 1) whether or not the use is required by the public 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 performance standards established for the district in which it is located. ENVIRONMENTAL REVIEW: This project has been found to be Categorically Exempt from the California Environmental Quality Act (CEQA) under Section 15301 and Section 15305 of the State CEQA Guidelines. The project will consist of a minor alteration in land use limitations of an existing single family residential use. NOTIFICATION: Public Notice of the June 18, 1990, hearing was published in the local newspaper, mailed to adjacent property owners, and posted in public buildings. ANALYSIS: On April 6, 1987, the Planning Commission approved a Conditional Use Permit request (Planning Commission Resolution No. 87-018 for PA 87-024) to allow construction of a 98 square foot addition to an existing family room and the conversion of the family room to a second unit. In compliance with Condition of Approval #4 of the Resolution, the Applicant filed a Covenant with a deed restriction that established occupancy requirements for two residences pursuant to Section 8-60.58.1(8) Purpose of Second Units of the Zoning Ordinance. The deed restriction further limited the occupancy requirements to one of the two units (when both units are occupied) by a person or persons age 55 or older, or by a handicapped person or persons. -2- PAGE 2_OF 1$ The Applicant is now requesting a Conditional Use Permit to amend Condition of Approval #4 on Planning Commission Resolution No. 87-018 to limit age and handicapped restrictions to tenants of one of the units, instead of to owner occupants of one of the units. The Applicant is in the process of selling her house to three individuals that would be occupying the principal unit, as well as the second unit. However, because none of the prospective buyers are age 55 years or older, or handicapped, they would not be in compliance with the existing Covenant and Condition of Approval. It is for this reason that the Applicant is requesting an amendment to the existing Conditional Use Permit. Staff, in consultation with the City Attorney's office, has considered the following alternatives to the Applicant's request. One alternative proposes no changes to the existing Covenant and Resolution. The other alternatives would accommodate the needs of the prospective buyers while complying with the Zoning Ordinance. 1. Retain the existing Resolution and Covenant. In order to comply with the existing Covenant, the prospective buyers would be required to occupy one unit and rent the other unit to someone that is age 55 years or older, or handicapped. 2. Reclassify the second unit as an addition which shall function as one dwelling unit provided: A) that an unobstructed doorway connecting and providing interior access between the residence and the addition shall be maintained at all times; and B) that no part of the dwelling unit shall be used as a separate rental property. The Applicant could comply with this condition if one wall in the existing second unit is removed (see Attachment 4). The Planning Commission would need to amend the Resolution and a new covenant would need to be recorded with the Alameda County Recorder's Office to reflect this change. 3. Remove the sink and refrigerator in the second unit so that it does not qualify as a second unit under the definition in Section 8-22.6.1 Second Unit of the Zoning Ordinance. If this alternative is chosen, it would be appropriate for a new Covenant to be recorded which recites this change and which eliminates all restrictions imposed by the existing Covenant. 4. Delete the age and handicapped restriction from the Covenant and Resolution. According to the City Attorney, Ordinance No. 5-84 does not restrict all second units to persons that are elderly or disabled unless the City, through the Planning Commission, imposes such a restriction in a particular case. This alternative would require an amendment to the Resolution and recordation of a revised covenant. Staff recommends approval of the Applicant's Conditional Use Permit request because it meets the intent of City Ordinance No. 5-84 to provide rental housing to persons with special needs, such as the elderly and the handicapped. The proposed amendment to Planning Commission Resolution No. 87-018 would allow the three individuals (prospective buyers) to live in both units as owner occupants. The age and handicapped restriction would apply only to occupants of a rental unit when one of the two units is rented. -3- PAGE.OF.LL Staff also recommends revising the age restriction to age 63 years or older instead of age 55 years or older. The City's Housing Element of the General Plan defines "elderly persons" as those individuals who are over 62 years of age. On previous Conditional Use Permit approvals for second units, the Planning Commission has required recordation of a deed restriction requiring occupancy of one of the two units by "a person or persons 60 or older or by a handicapped person or persons." The Planning Commission's former approval of the Applicant's second unit request deviated from this age restriction because the property was owned by three individuals, all of whom intended to reside on the property (two in the principal unit and one in the second unit). At that time, the occupant of the second unit was only 56 years of age. 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 draft resolution relating to the Conditional Use Permit, or give Staff and Applicant direction on one of the other alternatives and continue the matter. ACTION: Staff recommends the Planning Commission adopt Exhibit A, Draft Resolution approving the Conditional Use Permit Amendment for PA 90-044 Schwartz Second Dwelling Unit. ATTACHMENTS: Exhibit A: Draft Resolution approving Conditional Use Permit Amendment Background Attachments: Attachment 1: City Council Ordinance No. 5-84 (Second Unit Ordinance) Attachment 2: Planning Commission Resolution No. 87-018 Attachment 3: Covenant recorded April 11, 1987 Attachment 4: Site Plan of Existing Second Unit Attachment 5: Draft Covenant for Occupancy and Tenant Restrictions Attachment 6: Location/Zoning Map -4- PAGE 11- r1 - RESOLUTION NO. 90 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING PA 90-044 SCHWARTZ SECOND UNIT CONDITIONAL USE PERMIT REQUEST TO AMEND CONDITION OF APPROVAL #4 ON PLANNING COMMISSION RESOLUTION NO. 87-018 OF PA 87-024 TO LIMIT AGE AND HANDICAPPED RESTRICTION TO TENANTS OF ONE OF THE UNITS INSTEAD OF TO OWNER OCCUPANTS OF ONE OF THE UNITS AT 8332 CAVALIER LANE WHEREAS, Darlene Schwartz filed a Conditional Use Permit application to amend the existing Planning Commission Resolution No. 87-018 (approving a second dwelling unit at 8332 Cavalier Lane) to limit age and handicapped restriction to tenants of one of the units instead of to owner occupants of one of the units at 8332 Cavalier Lane; and WHEREAS, the Planning Commission did hold a public hearing on said application on June 18, 1990; 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 found to be Categorically Exempt from the provisions of CEQA pursuant to Section 15301 and Section 15305 of the State CEQA guidelines because the project will consist of a minor alteration in land use limitations of an existing single family residential use; and WHEREAS, the Staff Report was submitted recommending that the 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, if conditionally approved, is appropriate for the subject property in terms of being compatible with existing land uses in the area and will not overburden public services; and WHEREAS, the proposed land use will not adversely impact traffic in the area, utility capacity, access and mobility for handicapped or disabled persons, adjacent properties or the neighborhood in general. NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission does hereby find: A. The second unit will continue to serve the public with special housing needs by providing affordable rental housing. 1 EXHI8tTA .. PAGE.6 OF B. The existing second unit will continue to allow more efficient use of the City's existing housing stock and the subject residential property by providing rental housing specifically designed to meet special housing needs. C. The use, as conditioned by this Resolution, will be properly related to other land uses, transportation and service facilities in the immediate vicinity, as the proposed use will be compatible to said land uses, transportation and service facilities in the immediate vicinity. D. The use 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. E. The use will not be contrary to the specific intent clauses or performance standards established for the District in which it is to be located, as the proposed use will be compatible with surrounding residential uses. F. The project is consistent with the policies contained in the Dublin General Plan. BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission does hereby conditionally approve Conditional Use Permit application PA 90-044 Schwartz Second Unit Conditional Use Permit Amendment subject to the following conditions: Unless stated otherwise, all Conditions of Approval shall be complied with prior to the establishment of the proposed land use activity, and shall be subject to Planning Department review and approval. 1. PA 90-044 Conditional Use Permit approval is for an amendment to Condition of Approval #4 of Planning Commission Resolution No. 87-018 (approving a second dwelling unit at 8332 Cavalier Lane, PA 87-024) and is subject to Conditions of Approval #1, #2, #3, #5, and #6 of Resolution No. 87-018. The amendment to Condition of Approval #4 shall read as follows: "A deed restriction shall be filed by the Owner establishing that the occupancy requirements for the two residences shall be as outlined by Section 8-60.58.1(8) of the Zoning Ordinance. When one of the two units is rented or leased (no more than one dwelling unit on the parcel shall be rented or leased and at least one of the units shall be owner occupied), occupancy shall be limited to a person or persons age 63 years or older or by a handicapped person or persons. The deed restriction shall be subject to review and approval by the City Attorney prior to recordation and shall be recorded within 15 days from the effective date of this approval (July 13, 1990)." 2. This approval shall become null and void, in the event the approved use ceases to operate for a continuous one year period. 3. This permit shall be revocable for cause in accordance with Section 8-90.3 of the Dublin Zoning Ordinance. Any violation of the terms of conditions of this permit shall be subject to citation. -2- PAGE b?GFL 4. On an annual basis, this Conditional Use Permit shall be subject to Zoning Investigator review and determination as to compliance with the Conditions of Approval. PASSED, APPROVED AND ADOPTED this 18th day of June, 1990. AYES: NOES: ABSENT: Planning Commission Chairperson ATTEST: Planning Director -3- PAGE OF 1 F. I ' r , ORDINANCE NO. 05 - 84 AN ORDINANCE OF THE CITY OF DUBLIN RELATING TO SECOND UNITS IN R-1 DISTRICTS The City Council of the City of Dublin does ordain as follows: Section 1. Definition: Chapter 2 of Title 8 of the Alameda County Ordinance Code previously adopted by the City of Dublin is amended by the addition of Section 8-22.6.1 to read: 8-22.6.1 Second Unit: A second unit shall mean a unit with separate kitchen, sleeping, and bathroom facilities which is a part of, or an extension to, a detached single family unit, and which is subordinate to the principal dwelling unit. Section 2. Location: Chapter 2 of Title 8 of the Alameda County Ordinance Code previously adopted by the City of Dublin is amended by the addition of subsection (f) to Section 8-26.3 Conditional Uses: R-1 Districts to read: (f) Second unit as governed by Section 8-60.58.1. Section 3. Purpose and Property Development Standards: Chapter 2 of Title 8 of the Alameda County Ordinance Code previously adopted by the City of Dublin is amended by , the addition of Section 8-60.58.1 to read: 8-60.58.1 Purpose of Second Units: The purpose of allowing second units in R-1 Districts is to provide the opportunity for the development of small rental housing units designed to meet the special housing needs of individuals and families, particularly those of low and moderate income. It is the further purpose of this Section to: 1) allow the more efficient use of the City's existing housing stock and underdeveloped residential properties; 2) to provide rental housing units for persons who are elderly or disabled; 3) to protect property values and the single family character of the neighborhood; and, 4) to provide adequate public services and traffic flow, by insuring that second units are installed under such additional conditions as may be appropriate to further the purposes of this ordinance. Prior to making a decision on an application, consideration shall be given to traffic impact, utility 1 capacity, access and mobility for handicap ped or disabled persons, impact on adjacent neighbors, and impact on the neighborhood. In addition to those conditions deemed appropriate by the Planning Commission to protect the public health, safety and welfare, second units shall meet the following minimum cirteria: ACH PAGE OF 1. Lot - The subject lot shall contain an existing, detached, single family dwelling unit and have a minimum lot size of 6,000 square feet. 2. Limitation - No more than one second unit shall be permitted on any one lot. 3. Size - The total floor area of the second unit shall be not less than 275 square feet, nor more than 1,000 square feet. However, in no case shall the second family residential unit exceed 35% of the total floor area of the existing residential structure. 4. Location - The second unit shall conform to the development standards for the zoning district in which it is located, including but not limited to, standards for front, rear, and side yard setbacks, and height, but excluding density standards. 5. Parking - The second unit shall be provided with one additional off-street parking space. The parking space may be uncovered and may be in tandem with the required • parking of the principal dwelling unit, if lot configuration or aesthetic considerations preclude placement elsewhere on the parcel. The principal dwelling unit must conform to the parking requirements of Sections 8-63.4 and 8-63.17. 6. Design - The second unit shall be designed in such a way that the appearance of the new building remains that of ' a single family dwelling. Accordingly, any new entrance to the second unit shall not be visible from the street. 7. Coverage - The principal and second'unit shall not cover more than 60% of the lot. 8. Occupancy - a) Applications shall be limited to owner occupants who have resided in the principal dwelling for a minimum period of six months. b) No more than one dwelling unit on the parcel shall 'be rented or leased. c) The owner of the lot may occupy either the principal or second unit. d) Nothing in this section prohibits one or both dwelling units to remain vacant. e) The City shall require recordation of a deed restriction setting forth the occupancy requirement. f) No subdivision shall be allowed unless the division meets the applicable regulations of the Zoning Ordinance. 9. Setback - If the second unit is detached, it shall be a minimum of ten feet from the principal unit. Section 4. Severability: If any section, subsection, subdivision, paragraph, sentence, clause, or phrase of this Ordinance, or any part thereof, is for any reason held to be unconstitutional, the validity of the remaining portions of this Ordinance shall not be affected thereby. PAGE OF L! Section 5. Effective Date: This Ordinance shall become effective 30 days after its final passage and adoption by the City Council. Section 6. Posting of Ordinance: The City Clerk of the City of Dublin shall cause this Ordinance to be posted in at least three public places in the City of Dublin, in accordance with Section 36933 of the Government Code of the State of California. PASSED AND ADOPTED BY the City Council of the City of Dublin, on this 27 th day of February , 1984, by the following votes: AYES: Councilmembers Drena, Hegarty, Jeffery, Moffatt and Mayor Snyder NOES: None ABSENT: None Ma r ATTEST: 1 - ,��,_ City Cle PAGE OF i K 1 RESOLUTION NO. 87 - 018(111 A RESOLUTION OF THE PLANNING CO`MISSION OF THE CITY OF DUBLIN APPROVING PA 87-024 SCHWARTZ SECOND UNIT CONDITIONAL USE PERMIT REQUEST TO ALLOW CONSTRUCTION OF A 98 SQUARE FOOT ADDITION AND CONVERSION OF THE EXISTING FAMILY ROOM TO A SECOND UNIT AT 8332 CAVALIER LANE • WHEREAS, Chris Schwartz filed a Conditional Use Permit application to allow the construction of a 98+ square foot addition to an existing family room, and conversion of the room and addition to a second dwelling unit, at 8332 Cavalier Lane; and WHEREAS, the City of Dublin Zoning Ordinance, permits the establishment of second units in R-1 Districts subject to approval of a Conditional Use Permit and compliance with minimum development criteria; and WHEREAS, the Planning Commission held a public hearing on said application on April 6, 1987; 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 and has been found to be categorically exempt; and WHEREAS, the Planning Commission finds that the Conditional Use Permit request will not have significant environmental impacts; and WHEREAS, the Staff Report was submitted recommending that the Conditional Use Permit request be 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, if conditionally approved, is appropriate for the subject property in terms of.being compatible to existing land uses in the area and will not overburden public services; and WHEREAS, the proposed land use will not adversely impact area traffic, utility capacity, access and mobility for handicapped or disabled persons, • adjacent properties or the neighborhood in general; NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission does hereby find: FINDINGS OF APPROVAL: a) Approval of the second unit serves to provide development of a small rental housing unit specifically designed to meet the special housing needs of the owners of the subject property. b) Approval of the second unit will allow more efficient use of the City's existing housing stock and the subject residential property. c) The proposed floor plan and elevations submitted by the Applicant for the second dwelling unit will provide for quality residential construction prac- tices and will protect property values and the single-family character of the neighborhood. d) The use, as conditioned by this Resolution, will be properly related to other land uses, transportation, and service facilities in the vicinity, and will not be in conflict with existing surrounding residential uses. , t?. TA h- till - • r•• e) The use 11 not materially adversely affect the (Nth 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. f) The use will not be contrary to the specific intent clauses or performance standards established for the District in which it is to be located, as the proposed use will be compatible with surrounding residential uses. g) The approval of the Conditional Use Permit will be consistent with the Dublin General Plan. BE IT FURTHER RESOLVED that the Planning Commission does hereby condi- tionally approve said application as shown by materials labeled Exhibit A on file with the Dublin Planning Department and subject to the following conditions: CONDITIONS OF APPROVAL: Unless stated otherwise, all Conditions of Approval shall be complied with prior to issuance of buildinz permits and shall be subject to Plannin; Department review and approval. 1. Construction of the second dwelling unit shall be generally consistent with the floor plan and elevations submitted with the application and dated received by the Planning Department February 19, 1987. 2. The architectural design and proposed exterior materials and finish shall be subject to final review and approval by the Planning Director prior to the issuance of a building permit for the proposed addition. Final plans must be submitted a minimum of 30 days prior to the issuance of a building permit. The proposed structure shall utilize exterior materials to match or complement the -exterior materials of the existing structure. 3. Failure to establish the use within two years of the effective date of the permit will cause the permit to become null and void. The approval shall be revocable for cause in accordance with Section 8-90.3 of the Dublin Zoning Ordinance. 4. A deed restriction shall be filed by the Owner establishing that the occupancy requirements for the two residences shall be as outlined by Section 8-22.6.2(8) of the Zoning Ordinance and shall be further limited to require occupancy of one of the two units (when both units are occupied) by a person or persons age 55 or older, or by a handicapped person or persons. The deed restriction shall be subject to review and approval by the City Attorney prior to recordation and shall be recorded prior to the issuance of a building permit for the second unit. 5. The Applicant shall comply with DSRSD Fire Department requirements to: a) Provide a smoke detector in the new addition. b) Post the address for the addition in a visible location. 6. The Applicant shall comply with all applicable Building Code requirements. PASSED, APPROVED AND ADOPTED this 6th day of April, 1957. AYES: Commissioners Barnes, Mack, Petty and Raley NOES: None ABSENT: Commissioner Burnham Planning Commission Chairperson ATTEST: Orle-Aft67- 151-6—ZS Planning Director • -2- ."N r- � tr �7 - 1 0 9 5 -- • R: 0PDED IV Q=:ICIAL .E( OP.DS • Recording Requested by: Cr - . FEEC 1'ii N q Chris & Darlene Schwartz 8332 Cavalier Lane Dublin, CA 94568 Q Fin r ,QUom]I IlPR 1d 111(� U 4 COVENANT Covenant between CHRIS and DARLENE SCHWARTZ and DAWN SCHWARTZ, hereinafter referred to as "Covenantor" and the CITY OF DUBLIN, hereinafter referred to as "Covenantee. " WHEREAS , Covenantor desires to build a second unit on the hereinafter described property; and WHEREAS , Covenantee approved Conditional Use Permit request (Planning Application PA 87-024) allowing the construction of an addition and conversion of the existing family room to a second unit, subject to certain conditions, on April 6, 1987 ; THEREFORE, Covenantor agrees as follows : 1. The real property is located in the City of Dublin, County of Alameda, State of California described as follows: Lot 11 in Block 7 , as said lot and block are shown on the Map of "Tract 2249 , Pleasanton Township, Alameda County, California" , filed November 14, 1960, in Book 42 of Maps 82, 83 , 84, 85 and 86 , in the office of the County Recorder of Alameda County. Excepting therefrom one-half of all oil, gas and other hydro- carbon substances in and under or that may be produced from a depth below 500 feet of the surface of said land without right of entry upon the surface of said land for the purpose of mining, drilling, exploring or extracting such oil, gas and other hydrocarbon substances or other use of or rights in or to any portion of the surface *of said land to a depth of 500 feet below the surface thereof. APN 941-166-12 More commonly referred to as: 8332 Cavalier Lane Dublin, CA 94568 2. The occupancy requirements of the two residences shall be as out- lined by Section 8-60.58.1(8) of the City of Dublin Zoning Ordinance, as in effect at the date of this Covenant. -1- PAGE.a OF.11 ,••N ,owN 27—1045 1 4 Covenant Schwartz Page 2 3. The occupancy shall be further limited to require occupancy of one of the two units (when both are occupied) by a person or persons age 55 or older, or by a handicapped person or persons. A handicapped person shall be a person who meets the California Vehicle Code definition of a disabled person (Section 22511.5) . • P Executed this I I day of l ,vGlA - , 1987 , in I Dublin, California. 7-2), Chris Schwartz Darlene Schwartz /4). Dawn Schwartz State of California ) County of Alameda ) On this the 1 ( day of 1243 1987, before me, - f unders 'gned Notary Public, personally Si;�1 Vi c,, �! �� _ -Ji -c ti�- r 1e vt-e- �-j� :�. -+7 , p rsona`1_y known to me to be the appeared �n�;-� � hs�r�,: subscribed to the person(s) whose name(s) ___ within instrument, and acknowledged that executed it. OFFICIAL SEAL ELIZABETH A. MARCOUX NOTARY U3LIC Notary Public-CaMornia I( ALAMEDA COUNTY k My Comm. Ex?. Feb.22. 1991 -2- 0 0 71 6 "!+n ` a 6 a v , -9 "_ z =� �� �— s 0 s a � � -�= L Q 3 s 3 `3 3 _ 3 i � di a � N 6� li► s s d 4 3s e� d A �G irk J L S h X � u UJ 4- o f xC O v r a0 r z z N a -- U. 0 Q fie `137 t m r c �� 3 7\ tU r s M DOD :t�Hi,r�mtrrt `� � r Recording Requested by: Chris & Darlene Schwartz 8332 Cavalier Lane Dublin, CA 94568 After recordation return a copy to: City of Dublin Planning Department P. 0. Box 2340 Dublin, CA 94568 COVENANT Covenant between CHRIS and DARLENE SCHWARTZ and DAWN SCHWARTZ, hereinafter referred to as "Covenantor" and the CITY OF DUBLIN, hereinafter referred to as "Covenantee. " WHEREAS, Covenantor desires to build a second unit on the hereinafter described property; and WHEREAS, Covenantee approved Conditional Use Permit request (Planning Application PA 90-044) to amend Condition of Approval #4 on Planning Commission Resolution No. 87-018 (approving a second dwelling unit at 8332 Cavalier Lane of PA 87-024 to limit age and handicapped restriction to tenants of one of the units, instead of to owner occupants of one of the units) , subject to certain conditions, on June 18, 1990. THEREFORE, Covenantor agrees as follows: 1. The real property is located in the City of Dublin, County of Alameda, State of California described as follows: Lot 11 in Block 7, as said lot and block are shown on the Map of "Tract 2249, Pleasanton Township, Alameda County, California" , filed November 14, 1960, in Book 42 of Maps 82, 83, 84, 85 and 86, in the office of the County Recorder of Alameda County. Excepting therefrom one-half of all oil, gas and other hydro- carbon substances in and under or that may be produced from a depth below 500 feet of the surface of said land without right of entry upon the surface of said land for the purpose of mining, drilling, exploring or extracting such oil, gas and other hydrocarbon substances or other use of or rights in or to any portion of the surface of said land to a depth of 500 feet below the surface thereof. APN 941-166-12 -1- -k T PAGE )b OF I' Covenant Schwartz Page 2 More commonly referred to as: 8332 Cavalier Lane Dublin, CA 94568 2. The occupancy requirements of the two residences shall be as out- lined by Section 8-60.58.1(8) of the City of Dublin Zoning Ordinance, as in effect at the date of this Covenant. 3. When one of the two units is rented or leased (no more than one dwelling unit on the parcel shall be rented or leased and at least one of the units shall be owner occupied), occupancy shall be limited to a person or persons age 63 years or older or by a handicapped person or persons. A handicapped person shall be a person who meets the California Vehicle Code definition of a disabled person (Section 22511.5). Executed this day of , 1990, in Dublin, California. Chris Schwartz Darlene Schwartz Dawn Schwartz City Manager -2- PAGE if OF • • �; r• z;; ._ �j • gai ••-• , ♦ a s .�J , i ` 4#. \ -,,a ."-.., t:441- ....,0 { a. , Z 0 '\/ 6 1• i;• �. / I I� _ I II I{> fp* ` :r (I cL�E E. r� OI 11 1 1�i 1 1 1 I 1 1 • ., s \ 1 11 ( I I I I I l I •. \\ If: - _ _1 1 1 el 'IiI vj .'. i I N Yz \ M,1• .. r � CI M t• 1r'+1 1: .nre I I ~~�111 <. .v,r 1 ! 3 I / _ ��._ 1{IAlliumis �D= �'33 2 �iva1iflr Y • -y� \ \ \ a� `r .. �:�� �,�' LIn . !' alb V4�1� I�� . ♦ •4 ��� . - • § •� • 0 ‘ ' =V , air. 1 --;-"::-;--4ft 41a .4 4/ #111MINUIT 1 1. i- %-:',...1. ---- \ ..... ..--,-;-,, qw-il 11* ql ,/ n\ ,Nc /` -, -S 0 : $ err! ft•I�:I 6 • 4 4 ///�'�/�/J�/ I ■u P,... gi V. �, / '•'" THE PART OF THE 7f, m �� :�,: CITY of n SANTINA . ZONING MAP `. -+ 0 1 DUBLIN I THOMPSON 4.c ^� THE CITY OF r• - ,• nZ • a .............. ...M 1 • - ��.._... DUBLIN I • f MALI* ulrco.wu `� i ?• II crF ci Irr r ,r • Lo(- r/oN/ZOti/Ai& V4A P r � ; x�1 F. . 7t � I PA EL OF e. eN n AGENDA STATEMENT CITY COUNCIL MEETING DATE: June 18, 1990 SUBJECT: Review of 1990-1995 Capital Improvement Program (CIP) REPORT PREPARED BY: Laurence L. Tong, Planning Director EXHIBITS ATTACHED: Exhibit A: 1990-95 Proposed Five-Year Capital Improvement Program (under separate cover) RECOMMENDATION: 1) Receive presentation from City Manager regarding the 1990-95 Capital Improvement Program 2) Determine conformity with the City's General Plan FINANCIAL STATEMENT: (See Capital Improvement Program) DESCRIPTION: In 1989, the Planning Commission reviewed the 1989-90 update to the 1988-1993 Capital Improvement Program and determined that the updated program conformed with the City's General Plan. Subsequent to the Planning Commission's review, the City Council adopted the updated 1988-1993 Capital Improvement Program. As is typical with most Capital Improvement Programs, as needs and conditions change during the year, revisions must be considered for incorporation into the adopted Capital Improvement Program. Staff has prepared a new Five-Year Capital Improvement Program for Fiscal Years 1990-95. Within the new program there are several carry-over projects and some new projects which Staff will review with the Planning Commission. It would be appropriate for the Planning Commission to consider the new program as being in conformance with the General Plan and its objectives. Staff recommends that the Planning Commission hear the Staff presentation, review the new Capital Improvement Program, and determine its conformity with the City's General Plan. COPIES TO: City Manager ' Public Works Director ITEM NO. S. Agenda File