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
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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-
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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
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• - 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.
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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
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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
•
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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-
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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
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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