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Re~ular Meeting - July 7, 1986
A regular meeting of the City of Dublin Planning Commission was
held on July 7, 1986, in the Meeting Room, Dublin Library. The
meeting was called to order at 7:05 p.m. by Cm. Mack,
Chairperson.
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ROLL CALL
PRESENT: Commissioners Burnham, Petty, Mack, and Raley, Kevin J.
Gailey, Senior Planner, and Maureen O'Halloran, Associate
Planner.
ABSENT: Cm. Barnes and Laurence Tong, Planning Director.
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' PLEDGE OF ALLEGIANCE TO THE FLAG
Cm. Mack led the Commission, Staff, and those present in the
pledge of allegiance to the flag.
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ADDITIONS OR REVISIONS TO THE AGENDA
There were no additions or revisions to the agenda. Mr. Gailey
advised that the Applicant for the Bordeaux Estates/Diamond Signs
Conditional Use Permit, Item 8.3, PA 86-056 would not be able to
attend the meeting. He stated that the Applicant indicated he
would be able to comply with the Conditions of Approval
recommended by Staff.
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ORAL COMMUNICATIONS
None.
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WRITTEN COMMUNICATIONS
Mr. Gailey said Commissioners had received several Appealable and
Final Action Letters.
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Regular Meeting PCM-6-73 July 7, 1986
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PUBLIC HEARINGS
SUBJECT: PA 86-019 Tentative Parcel Map 4783
application, Silvergate Drive north
of Hansen Drive.
Cm. Mack opened the public hearing and called for the Staff
Report. Ms. O'Halloran circulated photographs of the site. She
advised that the Parcel Map would require concurrent approval by
Alameda County as a portion of the property lies outside of the
City. She stated that prior to approval of the Parcel Map, a
soils report with recommendations to make the building pads
suitable for residential development would be required. She
reviewed recommended revisions to the following Conditions of
Approval:
Condition #4 be revised to require that the Applicant secures
authorization from the adjacent property owner of Lot 8, Tract
5005, for the right of entry agreements and accompanying drainage
easements to allow the connection of the drainage ditch.
Condition #6 be revised to insure that the Applicant secures the
review and approval of Alameda County for the Parcel Map.
Condition #28 be revised to specifically refer to the presence of
wells on Parcels A and B.
Mr. Robert Nielsen, Applicant, expressed his concern regarding
the proposed revision to Condition #4, and requested that the
Planning Commission not require the revision to be incorporated
into the Conditions of Approval. He stated his dissatisfaction
that the revision had been presented to the Planning Commission
without his prior knowledge. Mr. Gailey explained the necessity
for this Condition, advised that the Applicant's Engineer could
research to determine whether or not an easement over the
adjoining property already existed, and stated that he did not
think the revision to Condition #4 would be an obstacle to the
development.
After diseussion, on motion by Cm. Raley, and seconded by
Cm. Burnham, and by a unanimous voice vote, Item 8.1, PA 86-019
Tentative Parcel Map 4783, was continued to the Planning
Commission meeting scheduled for July 21, 1986, for the purpose
of permitting the Applicant, and/or Applicant's Engineer, to
research, with the assistance of the City Engineer if necessary,
whether or not the required authorization to connect the
referenced drainage ditch exists.
Regular Meeting PCM-6-74 July 7, 1986
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SUBJECT: PA 86-037 Fountainhead Montessori
School Conditional Use Permit,
Cronin School, 6901 York Drive.
Cm. Mack opened the public hearing and called for the Staff
Report. Ms. O'Halloran said the Applicant is requesting
authorization to relocate the existing Montessori School from the
Fallon School Site to the Cronin School Site. She advised that
the only construction proposed is for a redwood gate to enclose
the atrium and a playground fenee, She'stated that the
Conditions of Approval being applied to this application are
standard ones. Ms. O`Halloran also advised that the Montessori
School has operated at the Fallon'School site since 1984, with no
record of any zoning violations or complaints. Ms. O'Halloran
indicated that Condition #2 should be revised to reflect that the
days of operation would be Monday through Friday.
Sarah Zimmerman, Applicant, advised that the necessary State
agency permits for licensing the School were being processed, and
she anticipated no difficulties in being licensed at the new
location.
After discussion, on motion by Cm. Raley, seconded by Cm. Petty,
and by a unanimous voice vote, the public hearing was closed.
After deliberation, on motion by ~m. Raley, seconded by Cm.
Petty, and by a unanimous voice vote, Resolution 86-029, adopting
a Negative Declaration for PA 86-037, was approved.
RESOLUTION N0. 86-0'29
ADOPTING A NEGATIVE DECLARATION FOR PA 86-037 FOUNTAINHEAD '
MONTESSORI SCHOOL CONDITIONAL USE PERMIT APPLICATION TO OPERATE A
CHILDCARE, PRE-SCHOOL AND CLASSES KINDERGARTEN THROUGH THIRD
GRADE AT 6 9 01 ` YO~tK DRIVE
On motion by Cm. Raley, seconded by Crn. Petty, and by a unanimous
voice vote, Resolution PA 86-030, approving PA 86-037,
Conditional Use Permit, was adopted contingent upon the revision
of Condition #2 to include the days of operation.
RESOLUTION NO. 86-030
APPROVING PA 86-037, FOUNTATNHEAD MONTESSORI SCHOOL CONDITIONAL
USE PERMIT APPLICATION TO OPERATE PRE-SCHOOL, CHILDCARE AND
ELEMENTARY CLASSES (GRADES K- 3) AT THE CRONIN SCHOOL
Regular Meeting PCM-6-75 July 7, 1986
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SUBJECT: PA 86-056 Bordeaux Estates/Diamond
Signs Conditional Use Permit
application for a temporary off-
site subdivision sign at the
northwest corner of San Ramon Road
and Silvergate Drive.
Cm. Mack opened the public hearing and called for the Staff
Report. Ms. 0'Halloran advised that the Applicant was requesting
approval of a Conditional Use Permit for a Directional Tract Sign
for Bordeaux Estates, to be placed at the northwest corner of
Silvergate Drive and San Ramon Road. She said the proposed sign
would be consistent with the City Zoning Ordinance.
Ms. O'Halloran stated that the existing sign located on
Silvergate Drive and Rolling Hills Drive must either be removed,
or an application for a Conditional Use Permit must be submitted
for it, prior to the erection of the new sign,
Ms. O'Halloran indicated that Condition #6 should be modified to
permit, upon the review and approval of the City Attorney, an
alternate instrument of credit (other than a letter-of-credit).
On motion by Cm. Raley, and seconded by Cm. Petty, and by a
unanimous voice vote, the public hearing was closed.
After deliberation, on motion by Cm. Burnham, and seconded by Cm.
Raley, and by a unanimous voice vote, Resolution 86-031,
approving PA 86-056, Diamond Signs Conditional Use Permit request
for an Off-Site Directional Tract Sign, was approved contingent
upon the modification to Condition #6 as stated above.
RESOLUTION NO. 86-031
APPROVING PA 86-056, DIAMOND SIGNS CONDITIONAL USE PERMIT
REQUEST TO LOCATE AN OFF-SITE DIRECTIONAL TRACT SIGN
ON THE NORTHWEST CORNER OF SILVERGATE DRIVE AND SAN RAMON ROAD
SUBJECT: PA 86-061 St. Raymond Catholic
Church Conditional Use Permit to
utilize the existing parish
community hall for a previously
approved kinder arten class and for
other school functions.
Cm. Mack opened the public hearing and called for the Staff
Report. Ms. O'Halloran advised that in February, 1986, the
Commission had approved a Conditional Use Permit for an
elementary school, grades K through 8, located in portable
buildings on the site. The Applicant is now requesting that the
kindergarten class and other school functions be authorized for
the existing parish hall. She stated that this will not involve
an increase in the number of students enrolled. Ms. O'Halloran
said that the Applicant was not in attendance, but that she
Regular Meeting PCM-6-76 July 7, 1986
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understood that he was in agreement with the recommended
Conditions of Approval. She indicated that with the 10-day
appeal period, the Applicant would have an opportunity to contact
the City Staff if he had concerns regarding action by the
Commission.
On motion by Cm. Raley, seconded by Cm. Petty, and by a unanimous
voice vote, the public hearing was closed.
After deliberation, on motion by Cm. Petty, seconded by Cm.
Raley, and by a unanimous voice vote, Resolution No."86-032
adopting a Negative Declaration for PA 86-061 was approved.
RESOLUTION'NO. 86-032
ADOPTING A NEGATIVE DECLARATION FOR PA 86-061 ST. RAYMOND''S
SCHOOL CONDITIONAL USE PERMIT APPLICATION TO UTILIZE THE EXISTING
COMMUNITY HALL FOR A KINDERGARTEN CLASSROOM AND OTHER SCHOOL
FUNCTIONS AT 11555 SHANNON AVENUE
On motion by Cm. Petty, seconded by Cm. Burnham, and by a
unanimous voice vote, Resolution 86-033, approving PA 86-061
Conditional Use Permit, was adopted.
RESOLUTION NO. 86-033
APPROVING PA 86-061 ST. RAYMOND'S SCHOOL CONDITIONAL USE PERMIT
TO UTILIZE THE EXISTING COMMUNITY HALL FOR A KINDERGARTEN
CLASSROOM AND OTHER SCHOOL FUNCTIONS AT 11555 SHANNON AVENUE
SUBJECT: PA 86-035 Fortunetellinq Zoning
Ordinance Amendment
Cm. Mack opened the public hearing and called for the Staff
Report. Ms. 0`Halloran advised that the City had initiated the
Ordinance Amendment as a result of a recent Supreme Court ruling
which determined that an ordinance similar to Dublin's was
unconstitutional. Ms. O'Halloran stated that the proposed
Ordinance amendment would allow fortunetelling in the C-1
District subject to approval of a Conditional Use Permit and
would prohibit fortunetelling as-a home occupation. She said
Staff recommended the Commission adopt the Resolutions approving
the Negative Declaration and recommending adoption by the City
Council of the Fortunetelling Zoning Ordinance Amendment.
On motion by Cm. Raley, seconded by Cm. Burnham, and by a
unanimous voice vote, the public hearing was closed.
After deliberation, on motion by Cm. Raley, seconded by Cm.
Burnham, and by a unanimous voice vote, Resolution No. 86-034,
adopting a Negative Declaration for PA 86-035, was approved.
Regular Meeting PCM-6-77 July 7, 1986
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RESOLUTION NO. 86-034
ADOPTING A NEGATIVE DECLARATION FOR PA 86-035
FORTUNETELLING ZONING ORDINANCE AMENDMENT
On motion by Cm. Raley, seconded by Cm. Burnham, and by a
unanimous voice vote, Resolution No. 86-035, recommending
adoption of PA 86-035 Fortunetelling Zoning Ordinance Amendment
was approved.
RESOLUTION NO. 86-035
RECOMMENDING ADOPTION OF PA 86-035
FORTUNETELLING ZONING ORDINANCE AMENDMEIVT
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NEW BUSINESS OR UNFINISHED BUSINESS
Mr. Gailey advised that a joint Downtown Improvement Study
Committee (DISC) had been scheduled'for Tuesday, July 22, 1956,
7:30 p.m., in the West Room of the Shannon Community Center. He
said that either the City Council, or a representative of the
Council, would attend the meeting in conjunction with the
Planning Commission. He stated that the Planning Commission
meeting of July 21, 1986, will be adjourned to Tuesday, July 22,
1986, in order to review the general concepts of the DISC plan.
* * * *
OTHER BUSINESS
None.
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PLANNING COMMISSIONERS' CONCERNS
Cm. Raley asked for assistance in obtaining a copy of rules of
procedures for Planning Commission meetings. Mr. Gailey said he
will research this and respond to Cm. Raley's inquiry.
Cm. Burnham inquired about the s'tatus of Phase II of Automation
Electronics and asked whether or not Appealable and Final Action
Letters had been distributed. Mr. Gailey updated the Commission
on the project and said he would provide Cm. Burnham with copies
of the letters.
In response to a question raised by'Cm. Mack, Mr. Gailey said
that he thought a Peddler's License was required for individuals
to solicit from door to door. He indicated he would investigate
to determine whether or not soliciting could be prohibited.
Regular Meeting PCM-6-78 July 7, 1986
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• Cm. Mack asked about the status of the Hayward Fishery
application, and Mr. Gailey advised that the sign had been
removed. He indicated that a meeting had been held with the
Applicant, at which time the Applicant was advised of items
necessary to complete the application packet.
Cm. Mack referred to two Fictitiaus Business Name statements
which had recently appeared in the newspaper, and asked
Mr. Gailey to investigate them in order to insure they are in
compliance with the Dublin Zoning Ordinance as it pertains to
Home Occupations.
Cm. Burnham inquired about the status of the Pu1te Homes project,
and Mr. Gailey advised that the new application will probably
appear on the July 21, 1986, agenda.
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ADJOURNMENT
There being no further business, the meeting was adjourned at
8:15 p.m..
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Respectfully submitted,
~C~ d~C~-~
lanning ommission Chairperson
,
Laurence L. Tong
Planning Director
Regular Meeting PCM-6-79 July 7, 1986