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HomeMy WebLinkAboutPC Minutes 04-18-1988 . • • Regular Meeting - April 18, 1988 A regular meeting of the City of Dublin Planning Commission was held on April 18, 1988, at the Shannon Community Center, 11600 Shannon Avenue. The meeting was called to order at 7:00 p.m. by Cm. Barnes, Chairperson. ~ ~ ~ ~ ROLL CALL PRESENT: Commissioners Barnes, Burnham, Mack, Tempel, and Zika, Laurence L. Tong, Planning Director, Rod Barger, Senior Planner and Trudi Ryan, Planning Cansultant. ~ ~ ~ ~ PLEDGE OF ALLEGIANCE TO THE FLAG Cm. Barnes could not lead the Commissiom, Staff, and those present in the pledge of allegiance as there was no flag. ~ ~ ~ ~ ADDITIONS OR REVISIONS TO THE AGENDA Cm. Zika request that item 8.4, Valley High School Conditional Use Permit be moved to item 8.1 so that the public hearing could be heard first. ~ ~ ~ ~ MINUTES OF PREVIOUS MEETING ' The minutes of the meeting of April 4, 1988, were approved as presented. ~ ~ ~ ~ ORAL COMMiJNICATIONS Mr. Tong introduced the new Planning Department Secretary, Gail Adams, to the Planning Commission. ~ ~ ~ ~ WRITTEN COMMUNICATIONS Mr. Tong advised that the Commission had received 4 action letters. Regular Meeting PCM-8-67 April 18, 1988 , , • . ~ ~ ~ ~ PUBLIC HEARINGS SUBJECT: PA 88-021 Conditional Use Permit for relocation of Valley High School to Cronin School Cm. Barnes opened the public hearing and called for the Staff Report. Ms. Ryan stated that the Applicant, Dublin Joint Unified School District is applying for a Conditional Use Permit for Valley Continuation High School. There are three pods at the current site. Pods "A" &"B" are occupied by Montessori School and Hobby Horse Pre-school, Pod "C" is occupied by a church with a Conditional Use Permit which will vacate to accomodate this proposal. Ms. Ryan further stated that conditional uses in R-1 Districts establishes community facilities as a Conditional Use requiring approval by the Planning Commission. The definition of Community facility include schools, attendance at which satisfies the requirements of the Compulsory Education Law af State. Continuation high schools are provided for students who are not performing well in the standard high school setting, require a higher staff to student ratio and an individualized instruction program. Two classroom buildings, known as "A" and "B" pods are about 8,000 sq. ft each and the center building, Pod "C" was originally a school library and office area. Pod "C" is the subject of the application. Projected enrollment is between 50 and 60 students with a staff of 3-4. School is in session from 9:00 a.m. to 1:30 p.m. during the regular school year. It is proposed that student cars park near Pod "A" on what was the school play yard. The application shows a parking layout for 24 vehicles, however staff recommends that this layout be revised to accommodate two additional vehicles. The site plan shows five fruitless pear trees between the parking area and adjacent residences. These trees have been placed 30 feet apart and will provide shade for the north edge of the parking lot. Additional landscaping would be needed to screen the view of the parking area. Installation of a 6 foot high chain link fence is proposed to separate the Wells Middle School play yard from Valley High School. The fence location would preserve the ball fields at Wells School. Ms. Ryan continued by stating that the trustees of the Dublin Joint Unified School District at their January 11, 1988, Board Meeting made a decision to move Valley High School from the campus of Dublin High School to Pod "C" at Cronin School. Ms. Ryan stated that Staff recommends that the Planning Commission conditionally approve the Conditional Use Permit request from Valley High School to use Pod "C" plus two portable classrooms at the Cronin School. Cm. Tempel inquired if the student count was as low as presented, why the need for two additional portables? Regular Meeting PCM-8-68 April I8, 1988 • • ~ Ms. Ryan stated that a certain amount of space is required per student and this additional space would make compliance with the requirements. Cm. Zika questioned the location of parking and widening of the driveway entrance. Ms. Ryan stated the driveway would line up with Maple Drive, across the street. Cm. Zika asked if the schools currently use any of the space. Ms. Ryan stated that no they did not. Cm. Zika questioned the need for a softball field. Ms. Ryan stated that the Applicant would have to answer that. Stan Maleski, Applicant stated that the need for outdoor sports is the same as any other school. Also more space is needed to separate the Freshman, Sophmores etc. from each other and space is available and this was considered as the best site. Cm. Burnham asked if the teachers currently at Dublin High School are to be moved to the Valley campus. Mr. Maleski stated that yes the teachers would move to the new site. Linda Flanigan, Instructor, stated that statistics showed getting the students away from the setting where they had failed that they seemed to do better, that there was not the constant reminder of failure associated with physically being located on the same campus. Cm. Zika asked for an example of some bad experiences at the Dublin High School with Valley Campus being located at the same site. Ms. Flanigan stated that there have been cases of fights between the students at Dublin High and Valley; feelings of failure and of not belonging. She also stated that there have been better results with children located on a different site. Cm. Barnes asked what the enrollment was when Cronin School was in operation. Mr. Maleski said about 18 Staff inembers, some additional volunteers, and probably about 350 students. The following members of the audience had comments: John Ledahl, 6735 Spruce Lane, opposed to the item, stated he was a former teacher, concerned with young children being exposed to negative situations, property values, and controls. Lyle Selle, 6924 York Drive, opposed to the item, was concerned with what type of problems the children attending Valley High School were experiencing. Regular Meeting PCM-8-69 April 18, 1988 • ~ ` . Sandra McGerigle, 6816 Cedar Lane, concerned with why the school was not relocated to Fallon School, who assumed the liability with regard to the baseball field, and the parking area entrance modification. Maureen Zekman, 7072 Lancaster Road, opposed to the item, was concerned with the construction of the trees as a buffer zone, feels more parking will be needed, gate across walkways; why a fence? and if the school will have a closed campus. Harold & Patricia Fallert, 7085 Erie Court, opposed to the item, were concerned with getting Valley students back into the main stream. Carmen Buckholtz, 7064 Lancaster Court, opposed to the item, wanted to know why the school was not located in a commercial area, especially since the age group at Wells school is very impressionable. Carol Kraut, 6985 Spencer Court, opposed to the item, concerned with the speeding problem on York Drive that currently exists, feels this would only add to the situation, and older children harassing the younger children. Vanessa Gavello, 6950 Lancaster Road, opposed to the item, was concerned with young children exposed to students with problems; smoking; traffic, etc. Mary Gilbert, teacher, 6844 Sage Court, who lives directly across from the school, in favor of the item, feels students who do not adjust well should have another chance. Dorothy Freeman, 7632 Ashford, opposed to the item, concerned with the children in the upper grades being exposed to those in the lower grades. Helaine Tomasich, resident, opposed to the item, concerned with the lowering of property values, possibility of increase of enrollment of school. Joanne Mium, 6717 Maple Drive, opposed to the item, concerned with traffic problems relating to safety of crosswalks, older children hasseling younger children and the resistance to authority of students. Jack Reich, 6850 Fir Court, opposed to the item, interested in how long Village School has been in existance. Robert Topper, 6845 Penn Drive, opposed to the item, was concerned with older children mixed with younger children, impact on property owners located near Dublin High where Valley is currently locatefl, number of incidences related to car accidents. Kathleen Reich, 6850 Fir Court, opposed to the item, had a child who went to Village for two years, should be concerned with drug problems, teachers were terrific, no student motivation. Joan Al1en, 7054 Ann Arbor Way, in favor of item, stated she received a "circular" on the item, and she voiced her support for the project. Mr. & Mrs. Nagle, 7048 Lancaster Road, opposed to the item, felt there was a need to have a cap on the number of students allowed, security problems, noise pollution, and possible need of a sound wall. Regular Meeting PCM-8-70 April 18, 1988 • • Kevin Vankatwyk, 6733 Ebensbury, opposed to the item, concerned with the parking problems related to the project and increased traffic. Genise Hawlett, 6856 York Drive, stated that the only parking problem is caused by the parents picking up children not parking their cars and that students should have same requirements as High School students. Russell & Karen Davis, 6912 Cedar Lane, opposed to the item, did not wish to speak, were concerned with exposure of small children to older children, traffic problems and drug related problems. Jill Baldasard, 6552 Maple Drive, opposed to the item and did not wish to speak. Tony Finco, 7059 Utica Court, opposed to the item, no comments. Mr. Maleski stated with regard to why the school was not located at Fallon? He stated that the site was not available; Why not a commercial site? Cannot retrofit for earthquake compliance. Ms. Ryan stated that enrollment will be limited to 60 students, that the Planning Commission can change the amount of parking space if necessary. With respect to the driveway, she stated that Public Works had designed the access to reduce congestion. Mr. Tong stated with regard to the concerns with the traffic problems on York Drive there is the possibility of referral of concerns to the Traffic Committee and references to controls of parking lot activities should be referred to Stan Maleski. Cm. Barnes closed the public hearing. Cm. Tempel questioned Staff with regard to Item #2 (maximum number of students shall not exceed 60) as to what if the school did exceed 60 students. Mr. Tong stated that if the school district was to conform to the zoning, it would need to comply with the Conditional Use Permit and that it would have the right to appeal decisions to the City Council and if necessary to a court of law. Cm. Zika stated he had concerns with locating the school next to Wells Middle School. Cm. Tempel stated he was concerned with Cronin school being used for other than lower grade level teaching, felt this was a conflict, but had no better solution. Cm. Burnham felt that treating the children differently was not always successful. He said Cronin was a bad location. The School District has other facilities available. Cm. Mack stated she supports the program, that children need a chance, and that they learn things from their parents, and that these are our kids and our future. Regular Meeting PCM-8-71 April 18, 1988 ' • • Cm. Barnes stated she worked closely with Valley and that it is an alternative school, not a continuation school. She suggested a condition regarding litter. She would also like to see the traffic situation reviewed. She supports the program. The first loyalty would be to the public schools; the private schools may need to go. Cm. Tempel felt the traffic problems should be referred to Staff. On motion by Cm. Mack seconded by Cm. Barnes and by a 3-2 vote (Cm. Barnes, Burnham & Mack for; Cm. Zika & Tempel against) a Resolution was adopted to adopt a Negative Declaration of Environmental Significance for Valley High School. RESOLUTION N0. 88-022 ADOPTING A NEGATIVE DECLARATION OF ENVIRONMENTAL SIGNIFICANCE FOR PA 88-021 VALLEY HIGH SCHOOL CONDITIONAL USE PERMIT, b901 YORK DRIVE By general consent it was recommended to ammend the 3 year review to 1 year and change the date to June 30, 1989. Also add another condition of approval #13 noting the premises shall be kept in a litter free condition. On motion by Cm. Mack, seconded by Cm. Barnes and by a 2-3 vote (Cm. Barnes & Mack for; Cm. Burnham, Tempel & Zilta against) the Resolution failed to approve PA 88-021, Valley High School Conditional Use Permit Application. RESOLUTION N0. 88-023 APPROVING PA 88-021 VALLEY HIGH SCHOOL CONDITIONAL USE PEItMIT APPLICTION TO OPERATE CONTINUATION HIGH SCHOOL (GRADES 9-12) AT THE CRONIN SCHOOL SUBJECT: PA 88-Od3 Villages at Willow Creek Road, Dougherty Road and Amador Valley Boulevard, Sign Program Variance Cm. Barnes opened the public hearing and called for the Staff Report. Mr. Barger stated that this application is a variance request for a sign program containing four subdivision sale/lease/rent signs. This item was originally heard by the Planning Commission on March 7, 1988. On March 21, 1988 the Planning Commission reviewed the sign program and determined that three of the signs (all directional tract signs) could be approved. Staff was directed to provide Resolutions in support of the Conditianal Use Permit and Variance and make those available at the April 4, 1988 meeting. Mr. Barger continued with respect to the remaining signs (subdivision sale/lease/rent signs) the Planning Commission determined that the Applicant must provide additional information, such as scaled plot plans showing location of the signs and exact copy of each sign. The Commission decided to continue this item to the April 4th meeting. Regular Meeting PCM-8-72 April 18, 198$ , • • On March 31, 1988 the Applicant called Staff and requested that the public hearing for the four subdivision sale/lease/rent signs be moved from the April 4th to the April 18th Planning Commission meeting. Staff concurred with the Applicants request and requested information to be considered for the April 18th meeting should be submitted to Staff by April 8, 1988. Mr. Barger stated that Staff received the additional information April 12, 1988 which was not early enough for Staff to review, site check and compile a Staff report. Also, there was still other information that the Applicant needed to provide to complete the package so Staff wrote a letter to the Applicant indicating the need for the additional information and that the item would have to be continued to the May 2nd Commission Meeting. On April 13, 1988 Staff called the Applicant to make him aware of the above issue at which time he responded by stating that he did not want the item to be continued. Staff recommended the Planning Commission continue this item to the next regularly scheduled meeting of May 2, 1988 and the Commission should direct the Applicant to provide the information indicated no later than 5:00 p.m. April 22, 19$8. Mr. Nahas, Applicant requested this item not be continued as the project is near completion. Cm. Zika stated he was in favor of continuation since items requested were not submitted. Cm. Tempel stated he was also in favor of continuation. Cm. Burnham stated he was in favor of continuation. Cm. Mack stated she was also in favor of continuation. Cm. Barnes stated she was in agreement with continuation. Mr. Nahas stated he will proceed with the signs that the Sign Ordinance allows and may possibly withdraw application. Cm. Barnes closed the public hearing. On motion by Cm. Zika, seconded by Cm. Tempel and unanimous vote it was moved to continue this item to the May 2, 1988 Planning Commission meeting. SUBJECT: PA 87-122 Hucke Signs Conditional Use Permit and Site Development Review 7016 - 7150 Village Parkway Regular Meeting PCM-8-73 April 18, 1988 , . ! Cm. Barnes opened the public hearing and called for the Staff Report. Mr. Tong stated that Staff inet with the Applicant on April 13, 1988 to discuss concerns Staff had with the application. At that time the Applicant requested a continuance in order to have adequate time to consider the recommendations by Staff for the proposed sign program and C-2-B-40 Directory Sign. On motion by Cm. Burnham, seconded by Cm. Tempel and unanimous vote it was moved to continue this item to the May 2, 1988, Planning Commission meeting. SUBJECT: PA 87-180 Babbitt/Nielsen Site Development Review Appeal Cm. Barnes opened the public hearing and called for the Staff Report. Ms. Ryan stated this application is an appeal of the Planning Director's action approving, with conditions, a Site Development Review request for two single family residences, the Applicant is Don Babbitt. In 1985 the City Council approved Revised General Conditions for the 1487th Zoning Unit as Planned Development Prezoning PA 84-076. In 1986 the subject property was annexed to the City of Dublin and a Tentative parcel map was approved for the subject property to create two parcels. Ms. Ryan continued by stating the two parcels consist of one rectangular parcel and one flag lot. The site plans show a modification of the property lines as approved in Tentative Parcel Map Tract 4783 and Staff has no objection to a lot line adjustment providing the parcel sizes do not fall below 7,000 square feet. In this proposal the lot line results in a 17.61 foot rear yard where 20 is required. The substandard rear yard effects an area about 5 feet along the rear of the house. The lot line can be adjusted slightly so that a 20 foot rear yard can be observed. To clarify the ambiguity cited by the Applicant, Condition #7 has been reworded to state that the lot line adjustment shall be modified so that a minimum 20-foot rear yard can be provided for Parcel A. Ms. Ryan stated the Applicant is proposing a 10.32 foot setback from the west property line and a 20 foot setback from the north property line. The Applicant contends that the area extending from the "pole" of the flag lot should be considered the "front yard". In general the side yards of the rear lot would continue along the same property line as the front lot and the front yard of the rear lot would abut the rear yard of the forward lot. A flag lot creates some concern with the ease of circulation between the dwelling unit and the street. Condition #9 was included to assure that adequate turn-around area is available once the house location is changed to observe the required setback in conditions. The site plan only indicates four street trees and these trees would be the only landscaping subject to the agreement. It is typical for the homeowner of single family units to provide and maintain any additional landscaping. Regular Meeting PCM-8-74 April 18, 1988 • w Ms. Ryan stated that Staff recommends that the Planning Commission uphold the Planning Director's decision and adopt a Resolution conditionally approving the Site Development Review for two single family residences. Cm. Zika inquired about the size of the rear lot and if a residence could be located there. Ms. Ryan stated that yes it could. Cm. Burnham had a question regarding the flag lot on the adjacent property with regard to the turn around space. Mr. Tong stated that the situation would have to be researched. Don Babbitt, 11626 Regio Court, Applicant presented information regarding his request for a Site Development Review and that he tried to get the house on the rear lot with as much usable area as possible and would like to use his proposed layout. Cm. Zika question why the lot would not be usable with an alternative layout. Mr. Babbitt stated there would not be enough room for a swimming pool. Cm. Burnham questioned who was responsible for maintenance of slope. Mr. Tong stated the property owner is responsible for the ditch area and slope. Cm. Burnham felt there was excessive amount of house on such a small lot. Mr. Babbitt stated he was trying to get as much house as possible on the lot for resale. David Anderson, 7371 Hansen Drive was concerned with the soil that was put on the property without proper compaction. ~ Ms. Ryan stated that a disclosure was required on the Final Map regarding the fill that had been placed on the lot. Cm. Burnham asked if the type of configuration requested has been allowed in the past? Mr. Tong stated that, while it may have been allowed in certain cases, Staff would recommend maintaining a conventional layout. Cm. Barnes closed the public hearing. On motion by Cm. Zike recommending upholding the elimination of item #13, seconded by Cm. Mack and by unanimous vote a Resolution was passed upholding the Planning Director's action approving Site Development Review to allow two single family residences. Regular Meeting PCM-8-75 April 18, 1988 ~ ~ , RESOLUTION N0. 021 UPHOLDING THE PLANNING DIRECTOR'S ACTION APPROVING PA 87-180 BABBITT/NIELSEN SITE DEVELOPMENT REVIEW TO ALLOW TWO SINGLE FAMILY RESIDENCES ON TWO PARCELS AT SILVERGATE DRIVE NEAR HANSEN DRIVE ~ ~ ~c ~ NEW BUSINESS OR UNFINISHED BUSINESS Mr. Tong stated that the Property Maintenance Ordinance was heard at the last City Council meeting and that the Council had directed some clarification to the ordinance which will be heard at the April 25, 1988 meeting. Mr. Tong stated the City Council heard the Howard Johnson Sign appeal and initiated a modification to the Sign Ordinance that would address additional flexibility for signs adjacent to the freeways. With regard to the Shell Oil signage appeal the City Council took similar action as they did with Howard Johnson when four motor fuel products are being offered for sale. Mr. Tong stated the City Council authorized Staff to spend up to $50,000 of Staff time for the East Dublin project, with property owners paying for all of the rest of the study costs. Mr. Tong noted that the Ramirez appeal will be hear at the upcoming City Council meeting. ~ ~ * ~ OTHER BUSINESS None. ~ ~ ~ * PLANNING COMMISSIONERS' CONCERNS Cm. Barnes indicated concern with the tank type vehicle on display at the Mobil Station on Village Parkway and Amador Valley Boulevard. Cm. Burnham stated he will be absent from the Planning Commission meetings of August lst and 15th. Cm. Mack stated she will be absent from the Planning Commission meeting of August 1, 1988. ~ ~ ~ ~ ADJOURNMENT Regular Meeting PCM-8-76 April 18, 1988 } ! • There being no further business, the meeting was adjourned at 11:00 p.m. ~ ~ ~ ~ Respectfully submitted, y lanni Commission Chairperson C~~~M~ ~ Laurence L. Tong Planning Director ~ ~ ~ ~ Regular Meeting PCM-8-77 April 18, 1988