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HomeMy WebLinkAboutPC Minutes 04-26-1976 Planning Commission Minutes April 26, 1976 - Page 4 3. (Continued): Commissioner Shockley was not in favor of dealing with each application separa tely and was in favor of waiting until May to consider this matter in con- junction with the study area. Commissioner Spiliotopoulos felt that the Planning Commission has an oblication to provide for housing such as this area might be developed into. Commissioner Bernhardt found great difficulty with the definition of Rural Residential and didn't believe that it should apply to this case. He felt that the definition should be rewritten. He didn't believe that this would constitute a precedent. Commissioner Spiliotopoulos moved that the Commission recommend to the Board of Supervisors that the property be rezoned to 5 acre parcels as requested. Seconded by Commissioner Enos and carried with Commissioner Shockley voting no. (Res. No. 76-49) C4. 1254TH ZONING UNIT - AMFAC COMMUNITIES, INC. - Petition to reclassify Continued to / from the M-1 (Light Industrial) District to the C-2 (General Commercial) 5/10/76 District, one parcel containing 2.99 acres, located at 6643 Regional Street, east side, 700' south of the intersection with Dublin Boulevard, Dublin Area. Mr. Henn presented the staff report. He recommended that the Commission take testimony and continue the matter to May 10 for evaluation of testimony. Commissioner Kauffman objected to continuance of this application for further study as he felt that the Commission is fully aware of this area and has studied it many times. Mr. Hank C upples realestate broker and land owners representing both the applicant and landowner indicated that this particular parcel is surplus to the AMFAC property as the offices for AMFAC have been moved and that was the reason that it was placed in M-1 in 1967. He indicated that as the owner of adjacent property which contains a restaurant he felt that an additional restaurant as now proposed on this parcel would be an asset to the people in the immediate area and to the population of the entire valley. He noted that the entire parcel is surrounded by commercial development and this is one of the few parcels which can be used as a small site because much of the commercial zoning is in large parcels and the owners will not break them up into 1 acres site. Mr. Robert Green, representing the owner of the Alcosta Mall Shopping Center in Dublin, a general partner in the Center, which is in the same trade area, agreed that the property should be rezoned but felt that H-1 is the more proper zoning for this parcel. He felt that this would allow for more control of the use since it would allow a commerical use with a use permit. He noted that the rezoning application is for the total 3 acres while the use proposed is for only 1 acre. He further noted that it appears that there is sufficient C-2 zoning in this trade area and felt it is more proper as a planning technique to zone the property H-1 as it is located at the end of a cul-de-sac. Mr. Hank Cupples, objected to H-1 zoning as it would require that he come back for various other approvals such as a use permit or site review and he felt that commercial zoning would more adequately serve his needs in this case and would serve the community as well. Mr. Richard Avilar, architect working on the El Charro Restaurant, proposed for this site indicated that their major objective is to try to serve the immediate area particularly the 250 people working in the Dublin Center and the Liberty House complex. He indicated they propose a quality restaurant that people can walk from work and serve the residential areas as well. He said that the economics are such that if the property is zoned H-1 they would have to buy more land which would Planning Commission Minutes April 26, 1976 - Page 3 2. (Continued): her property and the development. She indicated that she maintains a ram on her property and she didn't feel that the existing fence is adequate to prevent her property from becoming an attractive play area for the occupants of this development. Commissioner Enos moved that the Planning Commission continue this matter to May 10, 1976 to permit field trip and to review public testimony with special emphasis on ingress and egress to the area and that the idea of having a stop sign on East Avenue and "E" Street be investigated. Seconded by Commissioner Rusteika and carried. 3. 1252ND ZONING UNIT - GEORGE HAYWOOD - Petition to reclassify from the A Recommend (Agriculture) District to the R-I-L-B-E (5 acre Minimum Building Site Area) Rezoning District, one parcel containing 10 acres located on Trenery Drive, west side, 400' south of the intersection with Martin Avenue, Pleasanton area. Mr. Henn presented the staff report. He recommended that the Planning Commission recommend to the Board of Supervisors that the subject reclassification be dis- approved for the reasons contained in the staff analysis. Commissioner Kauffman pointed out that this is an application for rezoning 10 acres to 5 acre parcels and that he had not heard that one of the applicants wants a building permit. He pointed out that if there are enough 5 acre parcels in the area, additional interest in putting in sewer lines might be generated. Commissioner Spiliotopoulos asked why this should be any different or set pre- cedent when the church property within the same area was split into 3 lots of 1 acre. Mr. John Corley, attorney representing himself didn't believe that this approval as requested would constitute a precedent as the 5 acre parcel belonging to the church has already been split into 3 lots. He indicated that this is not an application for a building permit and that the Health Department has responded and said that they have no objection to the application. He indicated that the staff report which indicates the number of lots possible ignores the state sub- division map act. He said that this would be a proper zoning and good use and that though there will be some problems on Trenery Road, they were anticipated when he agreed to purchase the property. Mr. Corley felt that this application should be approved as it does conform to the General Plan. He indicated that as far as Trenery Lane is concerned he didn't believe it is ever going to be a major access. He noted that the 10 acres would be a permitted building site with road frontage and he is asking for one more lot. He said that the Board of Supervisors granted the three lots to the church because they felt it was justified and he suggested that what he is asking for is justified and will not create problems with the underground water supply. Commissioner Rusteika believed that 2 five acre parcels as requested would be proper for this particular area. Mr. George Oakes, representing a long time friend and former builder, believed that this is an excellent opportunity for the Commission to set aside an agriculture residential area or a horsey type of zoning for this area. He felt that the 5 acres would permit this and that the property owners would recognize that they are now committing themselves to a different type of use. He was in favor of 5 acre parcels for the area and urged action by the Commission. Mr. Fry advised that the problem is the rural residential policy which the Board of Supervisors adopted some 2 years ago and accordingly recommended rezoning for 14 different areas throughout the county. He recommended that the Commission wait until the study is complete for the area. ern's es Manning Commission Minutes April 26, 1976 - Page 5 04. (Continued): make it difficult to assure a successful project. He stressed that it is their intent to build a good building recognizing the regulations of the Building Department and Planning Department. He presented a schematic of the proposed development. Commissioner Burnhardt moved that the matter be continued to May 10, 1976. Seconded by Commissioner Spiliotopoulos. Mr. Cupples requested that the Commission take action today in order to make certain that they can pick up their sewer permit. Commissioner Shockley noted that there is controversy about the zoning itself and she felt that she would like the benefit of the staff recommendation. Commissioner Enos moved that the motion be amended to provide that the commission recommend that the property be rezoned to C-2. Seconded by Commissioner Kauffman. The motion failed with Commissioners Shockley, Burnhardt, Rusteika and Spilio- topoulos voting no. Commissioner Bernhardt restated his motion to continue it passed with Commissioner Kauffman voting no. 5. PD-37 - FRANK BARNHISEL - Application for evaluation of a Preliminary land Use and Development Plan for development of 32 clustered, duplex dwelling Continued to units on a 2.7 acre site fronting on Grove Way and extending to Vernetti 5/10/76 Way and Lynette Street, Castro Valley, unicorporated Alameda County. Mr. Martinelli presented the staff report. He noted that this is a public hearing on a preliminary Planned Development and the surrounding property owners . were notified of this hearing in accord with the new procedure now instituted by staff recommendation. Mr. Frank Barnhisel was present and introduced his architect for the project. Mr. Michael Woldemar indicated that there are three distinct zoning districts on this particular site and what they intend to do is to put this into a planned development so that they could come up with a scheme that would be less disorganized. He described the plan as each house sharing a wall with an adjacent house but each would have its own private space. He indicated that the houses would be clustered about 3 court yards that are recommended to be used for other things than just the automobile. He indicated that trees would be planted and the density is about 13 units per acre. He advised that all the garages would have a 20' driveway to allow for parking in front of each garage so therefore there would be 3:1 parking. He indicated that there will be a homeonwers association that will be involved in the maintenance of the project and all front yard landscaping will be installed and maintained by the homes Association. He indicated that they have not decided on the particular wall that will separate each unit but it will be sound proof and they are trying to make these units as nice as possible within a given economic structure. He indicated that he would estimate that the housing would be toward $50,000 per unit. He displayed a schematic illustrating the type of design. The Commission discussed the function of a homeowners association in projects such as this. Mr. David Karn of 22081 Betlen Way indicated that he resides near this develop- ment and there is at present a traffic problem for that portion of Betlen Way on which his home fronts. He indicated that this proposal would place additional traffic on that street and there are many children who play in the street. He indicated that even though Idena was opened up about 90% of all traffic comes down Betlen Way to get to Grove Way. He felt it improper to allow 32 more homes the largest percentage of which will come out Betlen Way. He also felt that the homes proposed are not of a like size to those presently existing in the area. 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