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HomeMy WebLinkAbout02-25-1997 PC Minutes Regular Meeting A regular meeting of the City of Dublin Planning Commission was held on Tuesday, February 25, 1997, in the Dublin Senior Center. The meeting was called to order at 7:00 p.m. by Chairperson Jennings. ROLLCALL Present: Commissioners Jennings, Hughes, Fasulkey, Johnson and Oravetz; Eddie Peabody, Community Development Director; Ken Petersen, Building Official; Dennis Carrington, Senior Planner, Gaylene Burkett, Recording Secretary. PLEDGE OF ALLEGIANCE TO THE FLAG Cm. Jennings led the Commission, Staff, and those present in the pledge of allegiance to the flag. ADDITIONS OR REVISIONS TO THE AGENDA The minutes of the February 11, 1997, meeting were approved as submitted. ORAL COMMUNICATIONS None WRITTEN COMMUNICATIONS None NEW OR UNFINISHED BUSINESS Mr. Peabody gave a brief summary of the staff report on Mr. Bukhari's shed at 8172 Via Zapata. He stated that the area where the shed was located, will be referred to as 8172 Via Zapata. The area was originally zoned agricultural in 1956; upon incorporation of the City in 1982, the property continued to be designated agricultural. He stated that the property had a deed restriction recorded as a result of a subdivision map by Alameda County. He indicated that Mr. Bukhari purchased the property in 1989. In 1995 Mr. Bukhari was granted a building permit for an agricultural shed in accordance with the City's Zoning Ordinance. He indicated that the structure was severely damaged on February 24, 1997, due to high winds. The cables that Regular Meeting 22 February 25, 1997 [2-25 pcmi] anchored the structure were destroyed and the structure has collapsed. An inspection was conducted by a structural engineer, who has ordered to have the structure torn down by Sunday, March 2, 1997. Mr. Bukhari has indicated an interest to work with the City to relocate the structure elsewhere on his property. In summary, the structure will be coming down and the City will negotiate with Mr. Bukhari on relocating the barn structure. There were no questions from the Commissioners or Staff at this time. Ken Petersen, Building Official, stated that he was at the meeting to discuss the structure and answer any questions. Cm. Jennings stated that if anyone had comments, to fill out the blue speaker form and to keep their comments down to 3 minutes. Paul Rosa, 11351 Marwick Drive, asked if there was any other access to the shed property. Mr. Peabody stated the access was from Via Zapata. Mr. Rose stated most people have been entering from Bloomington. He was concerned about the cattle trucks and grain on the road. He had a concern with the drainage and the wind in the area. He stated that because of the wind every house has special requirements. The houses have extra bolts holding the house down, more timber than a standard house in Dublin, more shearing on the side, the nails in the roof are extra long and the roof was extra thick. He saw the structure when it was falling apart, and was very concerned about someone getting hurt. Mr. Greg Smith, 11492 Bloomington Way, stated that much of what he was going to say was mitigated. He asked if the original plans were approved, could Mr. Bukhari resubmit the same plans for a new shed. Mr. Peabody answered yes, if Mr. Bukhari meets the requirements of the building codes. Mr. Smith asked if Mr. Bukhari met the building code requirements previously. Mr. Peabody responded yes he had met the requirements. Mr. Smith asked why the structure was falling apart. Mr. Petersen, responded that during construction, all the tie wires were not attached. Mr. Smith, asked if the structure was rebuilt, and the wind was to blow the structure down, the Building Department should be concerned that someone may get hurt. He asked who would monitor what the contents of the structure were used for. He was torn, because he felt Mr. Bukhari has rights, but he felt that Staff had a responsibility to keep Dublin looking nice. He was embarrassed by the structure. Cm. Jennings stated that the building has blown down and was in the process of being demolished. It will be removed by March 2, 1997. She indicated that Mr. Bukhari has agreed to work with Staff and have a public meeting regarding the new structure. Regular Meeting 23 February 25, 1997 [2-25 pcmi] Syed Bukhari, owner of the property, stated he brought his family so his kids could witness what was going on. He wanted to express his rights for his property and stated he has been treated unfair. Cm. Jennings interrupted Mr. Bukhari and asked him to move forward. She stated that the majority of the people at the meeting were interested in hearing what he had planned. Mr. Bukhari stated his family has been called bad names and treated unfair. He stated that someone had cut the cables that has caused the structure to fall apart. He has ordered replacement parts so that he could sell the structure as a whole. He gave the Mayor his word that he would remove the structure and he will be there this week end to remove it. He invited people to come down and talk with him and his family. Cm. Jennings asked if anyone had any comments. Hearing none she went through the speaker forms for comments from the citizens. Michael Fisher declined to comment. Chandler Eason, 11462 Bloomington Way, stated he was a retired engineer and felt it was not smart to build a barn up hill from where you were planning to build a house. It does not make sense. He stated that the newspaper talked about how the cables were cut, and asked if Mr. Bukhari has insurance. John Markey, 8176 Via Zapata, stated he lived near the access road to the property. He recognized that Mr. Bukhari had rights as long as it does not effect the health and safety of the area. He was concerned with the long term health issues of grain and feed stored in the shed. He spoke of wild animals in the area and a rodent problem. He stated that the County Vector Control had been out to look at the red fox population in the past year. The Vector Control representative indicated that there were signs of rabies in these animals. He felt it was a good idea to let the neighbors know what was happening to the area. Suzie Alves, 11541 Padre Way, felt Dublin made a mistake approving this project. She asked who had approved the project. Mr. Petersen explained it was the former Building Official who was with the City for 14 years. He retired in 1995. Ms. Alves asked when the project was approved. Mr. Petersen responded, June 1995. Ms. Alves asked when the former Building Official retired. Mr. Petersen responded, June 31, 1995 was when he retired. Ms. Alves stated that the former Building Official was not concerned with Dublin residents the last 30 days of his employment. There were many disappointed residents, an unhappy builder Regular Meeting 24 Februapy 25, 1997 [2-25 pcmi] and a building that has fallen apart. Someone could have been injured when this structure was falling apart. She stated that the neighborhood needs to be notified. The City needs to be concerned with the residents of Dublin. Bob Bowers, 11409 Bloomington, asked ifa new shed was to be built, would there be a public hearing. Mr. Peabody stated the existing structure was going to be removed. Any new structure would require a building permit; however, a public hearing was not required for this type of structure on an agriculturally zoned property. Mr. Peabody stated that he hoped a neighborhood meeting would be held, before any future structures were built on Mr. Bukhari's property. Mr. Bukhari agreed to hold a meeting prior to any building on his property. Mr. Bowers asked the Commission again, if there would be a meeting prior to any building on his property. Cm. Jennings stated that Mr. Bukhari agreed to have a neighborhood meeting to have his plans reviewed and to hear any comments. A public hearing was not required. Mr. Bowers asked to read a letter for the record, from Sandra Olsen, 11515 Bloomington Way. I wouM like to submit a copy ora signedpetition, containing approximately 120 signatures from residents in the Foothill Estates, Creekside and Dublin area. The original was submitted to the City Council members one week ago. I believe it conveys' that many residents, not just a few, OPPOSE the building of the metal shed in our neighborhood. In as much as this shed has been blown down by high winds, it evidently presents a danger. I recommend further study by the Planning Department before approval is given to rebuiM another possible safety hazard. The owner of this property, with the help of the Tri-Valley Herald, has actively engaged in public mud slinging. He has graciously posed for pictures and given interviews which recklessly accuse neighbors of crimes, acts of sabotage, none of which is proven - no arrests have been made. It is my belief that people who break the law, don't attend public meetings. Residents here tonight are conscientious' people utilizing appropriate channels provided to them by the City of Dublin. We wish to address the issue at hand: This' structure is u~welcome. This structure is unsightly; it degrades our neighborhood, adversely impact property values, and embarrasses us. I wouM ask the Dublin Planning Commission to support this neighborhood's efforts to maintain and enhance its quality. Please keep this sort of building out of our neighborhood. Please look for a balance that works for everyone. Thank you for allowing this statement. SIGNED: SANDY OLSON Cm. Fasulkey wanted to make clear to Mr. Bowers, what Mr. Peabody stated; he explained that Mr. Bukhari does not need to have a public meeting, and is doing it of his own free will. He stated that there could be public input, however, it would not preclude the building permit to be issued. He asked Mr. Bowers if he understood. Mr. Bowers responded that he understood, but Mr. Bukhari has stated on record that he would ask for input and that no permit would be issued until that happens. Regular Meeting 25 February 25, 1997 [2-25 pcmi] Cm. Fasulkey stated, no that was not the case. Mr. Bukhari was willing to subject himself to input, but by law the City was required to issue a permit for whatever structure was properly represented within the agricultural zoning codes. There was no limitation that Mr. Peabody can place on Mr. Bukhari at this time, within the statutes of the State of California. Mr. Bowers stated that he has no choice but to except that. He stated that Mr. Bukhari has currently been using lot 16 on Bloomington Way as access to the agricultural property. Would zoning laws allow that to continue if he was to be running an agricultural business and bring truck loads of hay, grain, cattle and convey them across a residential property. Mr. Peabody stated Via Zapata was the legal access to the property. He also owns another piece of property adjacent to the site zoned residential. He stated that unless there was a road to carry a truck to that location, he would need to use Via Zapata. Mr. Bowers asked if the City plans to issue a permit to construct a roadway through lot 16. Mt. Peabody responded no. Mr. Bowers stated that it was odd to build a shed on the area farthest from the Via Zapata access. Quazi Amwar, P.O. Box 2445, Dublin, recently read about the problems in the newspaper. He stated that there were three parties involved, the City, Mr. Bukhari, and the grieving community. He wants to be fair to all parties concerned. The community was concerned about the beauty of the hillside, and the safety of the hillside. The community should also consider what was fair to Mr. Bukhari. Mr. Bukhari has a right to build on his property. He stated that the community would not be satisfied with any type of structure on the hillside. Katie Rothe, 11510 Marwick Court, stated that the threats and vandalism were not her perception of the Dublin community. If this was the case, this was not right and should not happen. She wanted proof these incidents occurred. She stated that Mr. Bukhari would not build his structure out of wood because it would be burned down, however, after living through the Oakland fires, no one in that area would consider that type of vandalism. She asked about the agricultural requirements and the roofing requirements. Mr. Petersen stated anything on the hill was designated as a high risk area. The roof would be a class B or better roof to protect the homes in the area. Ms. Rothe stated the structure would be storing hay and grains that can be highly flammable. Are there any special codes for such a building. Mr. Petersen stated that the Building Department asked what would be contained in the structure. The Fire Department does a yearly inspection for this type of structure. If there was another use other than what was allowed for the structure, the City would revoke the permit. Mrs. Rothe, stated if there was a fire up there, the Fire Department could not get up there fast enough. Mr. Petersen stated all permits go through Fire Department review before approval. Regular Meeting 26 February 25, 1997 [2-25 pcmi] Jeanne Nakano, 8878 Marwick Court asked if Mr. Bukhari owned lot 16 on Bloomington and if so, was he planning to build a house on it. Mr. Bukhari stated yes, he owned the lot and there was not plans for a house at this time. Ms. Nakano asked if Mr. Bukhari has resubmitted any plans for the agricultural lot. Cm. Jennings responded nothing has been submitted at this time. Ms. Nakano stated that the exterior of the building should be in harmony with the area. She stated that the neighbors were out of luck because the lot was zoned agricultural. If he wanted to satisfy some of the neighbors, Mr. Bukhari should consider relocating the structure so it would not be so obvious, and to paint it to blend in with the area. She wanted to know if there was proof that someone had sabotaged the shed. Cm. Jennings stated that the Commission does not do criminal investigations. Ms. Nakano wanted to know if there was an investigation regarding sabotage. Mr. Petersen stated that there was an investigation and the Building Department was working with the Police Department. Ms. Nakano stated that the wind on the hill was very severe; was the Building Department going to reassess what was going to be placed on the hillside. Mr. Petersen stated that the structure was designed under the highest ~vind exposure. During construction it experiences different loads on the building until it becomes a final unified structure. Ms. Nakano stated that the cosmetics and the safety were the concern of everyone. Paul Rosa, 11351 Marwick, was concerned it was going to blow down regardless of the wind calculations. If a house was built on Bloomington, there would not be any room for a drive way and access to the property. He suggested an Environmental Impact Report be done by the City. The City should take the responsibility, buy the property and turn it in to a greenbelt. He stated that he pays taxes and by the looks of Dublin City Hall, the City can afford to buy the property from Mr. Bukahri. Mike Fisher, 8365 Creekside Drive, asked the life time of a building permit. Mr. Petersen responded the ordinance states one year. Mr. Fisher stated why was the permit issued in 1995 and built in 1997. Mr. Petersen stated Mr. Bukhari asked for an extension that was granted by the Building Department. Regular Meeting 27 February 25, 1997 [2-25 pcmi] Mr. Fisher made the comment that there was not any water or electrical hook ups on the property. How can the Building Department issue a permit without water or electrical hook ups. Mr. Petersen stated Mr. Bukhari's building permit does not include electrical, plumbing or mechanical and they are not required for the structure. Mr. Fisher stated that there were approximately 30 to 40 homes affected by this building. The residents on Creekside paid significant premiums in the range of $24,000 for the view. He sympathizes with Mr. Bukhari but feels it's the City's fault for approving the permit. The City should take the responsibility for the situation. Cm. Jennings asked if Mr. Petersen could clarify what an inspection means. She stated that there were some misconceptions on the inspection process. Mr. Petersen stated that there were 2 portions to the inspection. The foundation inspection involves inspection of the trench and rebar before the concrete is poured. A final inspection would take place after the structure was complete. Mr. Fisher, asked why the cables would not be subject to an inspection. Mr. Petersen stated that would be looked at during the final inspection. Mr. Fisher asked if any sanitary facilities had been addressed since the last meeting. Mr. Peabody responded no, that has not been addressed at this time. Mr. Fisher stated that he lived across the road and there have been people there all day on the weekends. Carol Johnson, 11344 Marwick Drive, stated that she lived in Dublin 27 years. She was here before Dublin was a City, and stated she never had the problems she was hearing about now. She does not personally know the people on Bloomington and does not believe the people in the surrounding neighborhood would do the things they were being accused of. She heard the barn was not built out of wood because it would be burned down; she does not believe the people in that area would burn it down. She felt the attack against the neighborhood was unfair and unjustified. She asked if Mr. Bukhari bought the property from Foothill Estates. Mr. Bukhari stated he bought it from the builder, Gregory homes. He stated that both lots were from the Gregory Group. He was told that he could buy the property, have the area rezoned, and put homes on it. Ms. Johnson stated that Foothill Estates should be held responsible. The reason they sold the property was because it would not fit a home. Cm. Johnson asked Ms. Johnson if she was referring to lot 16. Ms. Johnson responded yes. Regular Meeting 28 February 25, 1997 [2-25 pcmi] Cm. Jennings asked Mr. Bukhari, whom he purchased the 10 acres from. Mr. Bukhari responded the Gregory Group. Cm. Jennings asked Mr. Bukhari, whom he purchased lot 16 from. Mr. Bukhari stated both properties were from the Gregory Group. Cm. Johnson stated that the property on Via Zapata was built by the Gregory Group before Dublin was a City. The County had the hillside zoned agricultural; there wasn't any plans to have anything built on the hill. He stated that the Gregory Group and Foothill Estates may be one in the same. Someone from the audience responded yes; they were one in the same. Ms. Johnson stated that after all the other houses were built, a foundation was built but nothing ever became of it. She asked if this was Mr. Bukhari's foundation and why was it not completed. Mr. Peabody stated that the foundation was not Mr. Bukhari's. The foundation was put in but no one built on it and after a few years the foundation was asked to be removed. He stated that he did not know the reason why the house was not built on the foundation. Cm. Jennings stated that this was not the time and place to discuss the reasons why a foundation was laid many years ago. She stated that the issue here tonight was to discuss the shed. Ms. Johnson stated that Mr. Bukhari should speak with the people who sold him the property. It was apparent that Mr. Bukhari was mislead by the Gregory Group. Cm. Jennings explained that this ~vas not the time to discuss what remedies Mr. Bukhari should make with the Gregory Group. Ms. Johnson stated that she would attend a neighborhood meeting. She expressed to Mr. Bukhari that it may appear to him that he was not welcome, but that was not the case. The neighborhood was more than willing to talk with him and attend his neighborhood meeting. Cm. Jennings stated that she understands what Ms. Johnson was trying to express and thanked her for her concerns. James Hensen, 11529 Padre Way, stated that the Gregory Group told him the area was going to be permanent open space. He explained that the Gregory Group was going to deed it to the City. The Gregory Group tried to have the property rezoned from agricultural too residential to build houses. There was a pubic hearing on the issue and the people did not want the property rezoned with houses on it. He stated that in 1982 or 1983 the hillside collapsed. He expressed to Mr. Bukhari that it may not be safe to build on that hill. Regular Meeting 29 February 25, 1997 [2-25 pcmi] Mehrdad Asari, 8664 Bloomington Court, moved to the area 6 years ago. He was told that there was not going to be anything built there. He felt no structure should be placed on the hill and would like to see the property purchased by the City and kept open space. Kathy Gatske, 8381 Creekside Drive, asked if there were animals on the property and who would contain them. Mr. Bukhari stated that he would have two horses on his property. The property down the hill belonged to Mr. Neilsen. He does not own the cows; they belong to someone else. He will be putting a fence around his property with metal stakes and barbed wire. Ms. Gatske asked about the future long term issues. She stated that she was bound by CC&R's but what would require him to keep up his property. Mr. Bukhari stated he will build a house. He stated that he will have horses and cows, but could not predict what would happen 10 years from now. She asked the City what would happen in the future. Mr. Petersen stated that there was a chapter in the building code that addressed maintenance, and it applied to everyone. Ms. Gatske, made a statement that she rises at 4:00 a.m.; her husband was home the entire day and there was nobody out there to cut the cables. A member of the audience asked about aesthetics on the building. Mr. Peabody stated that the City has a property management ordinance that is used when yards are untidy. It was used when things get pretty bad. The Anti-Ugly Ordinance was used on a complaint basis only. He stated that there was a Graffiti Ordinance, that applies to all structures and buildings. Cathy Kuhn, 8429 Creekside Drive, stated that she does not have view of the shed from her home. She felt there were no regulations on what was built on an agricultural property. If there was a public hearing on the shed, everyone would have voted against it. She stated that if Mr. Bukhari was to put up another structure, how could this be zoned residential so that the design requirements apply. She suggested that a design review should apply towards an agricultural structure. Mr. Peabody stated that if the City has agricultural zones, those districts would need to be changed to require design review for structures built in agricultural zones. Bob Ferrin, 8657 Fenwick Way, asked if lot 16 had any requirements on when a house has to be built. Mr. Peabody stated no. Regular Meeting 30 February 25, 1997 [2-25 pcmi] Mr. Ferrin asked about the Ordinance 13-88 the Anti-Ugly Ordinance, and does it apply to the structure. He stated that the Planning Commission should start looking in to the existing ordinances. He quoted sections of the ordinance that pertain to ugly issues. He stated that the graffiti on the structure was in violation of the ordinance. He asked who should he call when the ordinance was in violation. Mr. Peabody, stated that he could call the Planning Department. Cathy Gatske, 8381 Creekside Drive, stated that her first home was 7847 Creekside Drive. She was told that she would have a view of the hillside forever and paid $10,000 extra, for a premium lot. After about 18 months there were houses built that blocked her view. She moved up the hill and paid $26,000 for a premium view. She asked City Staff to speak with the sales associates selling the homes, to stop misleading people. She feels that she should be informed of future building that may block the view. She feels that it was the obligation of the City and her right as a citizen to have the information disclosed to her. Cm. Jennings stated that she should call the Department of Real Estate. Ms. Gatske stated that if the City issues the permits, they should disclose any information they may have regarding the surrounding areas. Cm. Johnson stated it was an uncontrollable situation. We would have to have someone at the sales office every day. He recommended that the people who paid a premium price for a view, to go back to the builder and ask for their money back. Ms. Gatske stated it was Staff's responsibility to protect Dublin residents. Cm. Jennings asked Mr. Bukhari if he had any closing comments. Mr. Bukhari responded yes. He stated he was happy and hopeful. The access entrance from Via Zapata was an 8 foot entrance that turns into a 16 foot gate. The fire department uses his land for fire practice, and training. He expressed that he was very interested in rezoning the property too residential. If the City wants to buy the land, he was all for it, and would give a $100,000 discount to the City. Cm. Fausalky asked Mr. Bukhari if he was offering to sell the property as open space. Mr. Bukhari responded yes. A member of the audience asked Mr. Peabody what the property was worth. Mr. Peabody stated that should be brought up with the City Council. We normally do not do appraisals. Mr. Bukhari stated a year ago, he had an offer of 1.3 million for the 10 acre piece. John Markey, 8176 Via Zapata was concerned about the access to the property. Regular Meeting 3 1 February 25, 1997 [2-25 pcmi] Steve Taylor 1158 Padre Way, was happy to hear that Mr. Bukhari was willing to sell his land. He stated that if everyone in the area pitched in, and raised the City taxes, maybe the land can be bought from Mr. Bukhari. Roy Mills, 11437 Bloomington Way, asked if there were future plans to revisit the building codes and City Ordinances, and keep the neighbor apprised of what was going on. Mr. Peabody stated that when a building permit was issued a public hearing was not required. You have a right to a building permit if you meet all the regulations. He explained that there was a future hearing on the Zoning Ordinance revision and as a Dublin citizen he was more than welcome to participate in the hearing. Ms. Nakano asked if there was a plan for more than one building on the lot. Mr. Peabody stated the permit was for one building. Mr. Bukhari stated that on agricultural land one house can be built. Dennis Carrington, Senior Planner stated that was correct. Ms. Nakano wanted to know how many buildings did Mr. Bukhari plan to build on his agricultural lot. Mr. Bukhari stated that he did not know at this time. Cm. Jennings thanked everyone for coming and felt things were accomplished. She asked Mr. Peabody if the item was being continued at the March 4, 1997, City Council meeting. Mr. Peabody stated that the City Council has asked for a report on what has transpired. He stated that by March 4, 1997, the building will no longer be on the property. She called for a 5 minute recess. PUBLIC HEARING PA 96-058 Extended Stay America Mr. Carrington gave the background for the project. He stated the applicant withdrew their application. Mr. Enea the property owner was looking for another hotel to come in for the site. Mr. Carrington concluded his presentation. ADJOURNMENT The meeting was adjourned at 9:30 p.m. Regular Meeting 32 February 25, 1997 [2-25 pcmi] Respectfully submitted, PlanningCon~rr~ s~on ch~(Tperson- ATTEST: Commumty eve opment ~rec or Regular Meeting 33 February 25, 1997 [2-25 pcmi]