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HomeMy WebLinkAboutPC Minutes 03-16-1992 o.-,...--~- , . ~ ~ Reqular Meeting - March 16, 1992 A regular meeting of the City of Dublin Planning Commission was held on March 16, 1992, in the Dublin Civic Center Council Chambers. The meeting was called to order at 7:30 p.m. by Chairperson Zika. * * * * ROLL CALL Present: Commissioners Barnes, North, Rafanelli and Zika; Laurence L. Tong, Planning Director; Maureen O'Halloran, Senior Planner; Dennis Carrington, Senior Planner; Libby Silver, City Attorney; Brenda Gillarde, Planning Consultant; Delmar Tompkins, Planning Intern and Gail Adams, Recording Secretary. Absent: Commissioner Burnham * * * * PLEDGE OF ALLEGIANCE TO THE FLAG Cm. Zika led the Commission, Staff, and those present in the pledge of allegiance to the flag. * * * * ADDITIONS OR REVISIONS TO THE AGENDA None * * * * MINUTES OF PREVIOUS MEETING Minutes for the March 2, 1992 meeting were approved. * * * * ORAL COMMUNICATIONS None * * * * WRITTEN COMMUNICATIONS None * * * * Regular Meeting PCM-1992-45 March 16, 1992 [3-16min] . , . • ~ PUBLIC HEARINGS SUBJECT: PA 92-007 Tots University Conditional Use Permit request to allow the operation of a day care facility for a maximum of 34 children located at 7890 Oxbow Lane Cm. Zika opened the public hearing and asked for the staff report. Mr. Delmar Tompkins presented the staff report to the Commission. He indicated that the property owner for 7872 Oxbow Lane, which was adjacent to this facility, had concerns with parking, noise and signage for the day care facility. Mr. Tompkins noted that a condition was being added requiring that one parking space in the existing driveway needed to be kept clear to accommodate vehicles dropping off and picking up children attending the facility. All the rest of the concerns were addressed in the draft resolution of approval. Mr. Tompkins referred to page 8, Condition #7 of the resolution, indicating that it should read "the facility", not "two facilities". Cm. North asked if the City required a certain number of adults at the day care facility at any one time. What was the ratio between adults and children? Mr. Tompkins indicated that the State controlled the licensing of the facility. The State regulated the ratio between staff .and children. Cm. Zika asked if the renter next door from the day care facility had any concerns. Mr. Tompkins indicated there had been no complaints from the tenant. The property owner based his concerns on past experiences with the day care facility under different ownership. Cm. North asked if the adults supervising the facility had been cleared by the police department. Ms. O'Halloran reiterated that the State regulates the licensing of the facility. Pauli Pagnini, Applicant, indicated that the State required one adult for every 12 children and were fingerprinted by the police department. She indicated that she had no concerns with Staff's recommendations. Cm. Barnes asked what were the age limits of the children. Ms. Pagnini indicated that the children were 2-5 years old. Bill Jenkins, 7965 Gun Shot Court, had concerns with the traffic and noise created by the day care facility. The property was run down and felt that large day care facilities should be discouraged. He mentioned that the previous applicant, Eleanor Todd, only had 15-20 children at the facility. Regular Meeting PCM-1992-46 March 16, 1992 [3-16min] ~ 1 ' ' , ~ ~ Kurt Schoening, Gun Shot Court, felt that the facility was too small for 34 children. Wade Draper, 7965 Gun Shot Court, had concerns with the additional traffic and limited parking. The Dental Lab located on Starward Drive behind the day care facility had their employees parking on the street which created a parking problems. Cm. North asked how large the back yard area was. Ms. Pagnini referred to Exhibit A and indicated that the State approved the lot size. Cm. Zika closed the public hearing. On motion from Cm. North with the added condition and corrections noted by Staff, seconded by Cm. Barnes, and with a vote of 4-0, the Commission adopted RESOLUTION NO. 92 - 018 APPROVING PA 92-007 TOTS UNIVERSITY DAY CARE CONDITIONAL USE PERMIT REQUEST TO ALLOW THE OPERATION OF A DAY CARE FACILITY (COMMUNITY FACILITY) IN AN R-1-B-E. SINGLE FAMILY RESIDENTIAL DISTRICT AT 7890 OXBOW LANE Cm. Rafanelli asked about the Dental Lab and its parking situation. Mr. Tong indicated that this was a zoning investigation matter. This location was a temporary one; however, Staff would review the parking regulations for the site. Cm. Zika requested that Staff keep the concerned individuals informed. SUBJECT: PA 88-144 Western Dublin General Plan Amendment, Specific Plan, Environmental Impact Report (EIR), Prezoning, Amendment to the Sphere of Influence, and Annexation to the City of Dublin and the Dublin San Ramon Services District (continued from the March 16, 1992 Planninq Commission meeting) Ms. Brenda Gillarde indicated that the Environmental Impact Report portion of the public hearing had been closed at the March 2nd Planning Commission meeting. The General Plan Amendment and Specific Plan portion, however, had been continued from the previous meeting. The Planning Commission had the option to close the public hearing for the General Plan Amendment and Specific Plan at tonight's meeting. Ms. Gillarde summarized the staff report. The report addressed three items; a) comments made by Zone 7 and DSRSD's regarding the water supply issues; b) written comments received on the EIR; and (c) options available on various issues of the project. Ms. Gillarde outlined the rest of the public hearings for the Western Dublin ro'ect. She ho ed that by the April 20th meeting draft P P J Regular Meeting PCM-1992-47 March 16, 1992 [3-16min] , ' + . ~ resolutions/recommendations could be reviewed by the Planning Commission. The Commission asked if there were any additional comments on the General Plan Amendment and Specific Plan. Staff reminded everyone that the EIR portion of the public hearing was already closed. John Anderson had concerns with revisions to the existing General Plan policies. He felt that filling the open space to create a golf course was against the guiding policies of the General Plan. He had concerns that the oak woodlands could not be replaced once they were destroyed and would eventually become extinct. He felt that the golf course should be set up as naturally as possible in order to save the natural resources of the area. Shaw Jennings had concerns with the Brittany Lane road extension which would create additional traffic and safety hazards. Greg Tibold was in agreement with Staff's recommendation to only allow 74 dwelling units on the Cronin property. John Anderson had concerns with landslides and asked who would be responsible for the open space maintenance. Would there be a geological abatement district? Mr. Tong responded that there would be a whole new set of ineetings at the City Council level to address this issue. He was not sure if this issue required a formal open discussion before the Planning Commission and City Council. Cm. Zika reminded the public that there would be more opportunities to speak regarding the responsibility of the open space. Cm. Zika asked if requested, could a public hearing be required to discuss the open space maintenance issues. Mr. Tong indicated yes. David Bewley concurred with Mr. Anderson. He agreed with Staff's current recommendations regarding the allowance of only 74 units on the Milestone property. He reminded the Commission that this was their last shot and hoped the land would be used wisely. Glenn Brown, Milestone Development, recognized the concerns regarding the Brittany Lane extension. He indicated that their objective may not be met if the project was decreased to 74 units. Cm. Zika closed the public hearing on the General Plan Amendment and Specific Plan. Cm. Zika noted that the Planning Commission's decisions were recommendations to the City Council. There would be more opportunities for public comments. The City Council would make the final decisions. Regular Meeting PCM-1992-48 March 16, 1992 [3-16min] . ' • ~ . ~ • Ms. Gillarde indicated that it was now time to hear from the Planning Commission, any questions or comments they might have. They could begin by discussing the Environmental Impact Report. Cm. Zika commented that he had serious concerns with the water supplies and sewer capacities. He had listened to the DSRSD and Zone 7's discussions; however was not comfortable with the needed supply. He felt that this issue might become a fiscal liability to the City. He felt that the Cronin development should be reduced to 74 units. Cm. North had concerns with water supply. He did not feel comfortable approving a plan hoping there would be enough water for the project. He requested clarification on who would be paying for the cost of water - everyone or the new property owners. He concurred with Cm. Zika's comments. Mr. Tong indicated that there was never any guarantees regarding water supplies. DSRSD had a commitment to supply water to the Dublin area. Water rates would increase for everyone and there would probably be a larger increase to the new users. There was a representative present from DSRSD that could confirm this statements. Bert Michalczyk, DSRSD, responded that the new development would pay for the water. There would be zone charges for the new areas. They had the authority to increase any and all water related fees. Cm. North asked if he understood the process in calculating connecting fees and was the $8,000 fee per dwelling unit correct. Mr. Michalczyk indicated that the process in deriving at the figure was correct and the amount was accurate. Mr. Tong referred to City Council minutes attached to the staff report. Zone 7's representative indicated that it would cost between $4-8,000 per dwelling unit to provide water services. Mr. Michalczyk indicated that these figures were not exact; however not out of line. He noted that if it keeps raining, there will be water available. The average consumption has gone down due to conservation. Dublin's average is 140-150 gallons per day. Cm. Zika noted that studies show that water could be supplied to a future population figure of 174,000 for the Tri-Valley area. Does this assume 100~ of the State's water allocations. Mr. Michalczyk indicated that there was a first come, first serve policy. With normal amounts of rainfall, there was a chance that everyone could have enough water supply without the State water project. The reports typically do not look at reclaimed water as part of the water supply. A consultant will be preparing an options report regarding additional water sources. Cm. North asked if Zone 2 and 7 were working together. Regular Meeting PCM-1992-49 March 16, 1992 [3-16min] • ~ • Mr. Michalczyk indicated that Zone 2 was responsible for flood control only. Zone 7 had potable water and was hoping to annex the area outside of its boundaries. Cm. North asked if Zone 7 could supply water to the Zone 2 area which was outside of its boundaries. Mr. Michalczyk stated that contract agreements needed to be worked out. He was not aware of the legal issues. They were in support of the annexation. The whole project will go before LAFCO for a decision. Mr. Tong concurred with Mr. Michalczyk's remarks. The General Plan Amendment/Environmental Impact Report facilitates the annexation into the City limits. The school district's boundaries needed to be reviewed by the Alameda County Superintendent of Schools. Cm. North felt that the amount of adverse effects to the site should be reduced or mitigated. He requested that Staff summarize all of the agencies requirements and time frames for all regulations. He indicated that some situations did not have any mitigations at all and felt that there should be some way of eliminating the impacts on the site. Ms. Gillarde stated that there were alternatives discussed in the report, such as a smaller scaled project, limiting removal of trees, etc. Cm. North had concerns with the tree replacement 3 to l ratio over a 5-10 year period. Mr. Tong referred to page 16-1 of the EIR where alternatives were summarized. There were legal requirements involved. Cm. Rafanelli referred to Eden Development's letter dated February 14, 1992 address to Larry Tong regarding road construction and requested clarification on right-of-way road dedication. Ms. Silver indicated that if the property could not be required to be dedicated, the City has the power to condemn the property. Cm. Zika asked if bike trails were considered public streets. Ms. Silver explained that a publicly dedicated bike path was considered a public street. Cm. North asked for clarification on the Williamson Act contracts and if there could be any threat of litigation involved. Mr. Tong indicated that the City would need to go through the normal process of cancelling the contracts and could not address Cm. North's concern at this time. Ms. Silver reminded the Commission that she had sent a memo dated January 9th to them regarding the Williamson Act. Regular Meeting PCM-1992-50 March 16, 1992 [3-16min] ^ . ~ ~ The Planning Commission requested that all responses to comments and changes to the EIR be sent to them for review before they start deliberations on the Environmental Impact Report at the next meeting. Ms. Gillarde indicated that she would send the information to the Commission as soon as possible. There were a lot of comments to respond to. The Commission continued the special meeting to Monday, March 30, 1992. Another meeting would be held on Thursday, April 2, 1992. NEW OR UNFINISHED BUSINESS 9.1 Zoninq Clearance Standard Requirements - Draft Standard Requirements for the followinq Zoninq Clearance items: Christmas tree sales lots, pumpkin patch, temporary construction trailer, neiqhborhood/church festival on-site, grand openinq and temporary promotional siqnaqe and temporary off-site sales or lease signs. Cm. Zika asked for the staff report. Ms. O'Halloran presented the staff report to the Commission. She indicated that Staff had distributed copies of proposed modifications to the existing standard requirements to the Commission at the beginning of the meeting. Staff would be adding a condition allowing an occupied trailer on site for the Christmas tree lots, seasonal sales lots and pumpkin patch requirements. Condition #12 from Attachment #3 would be added to Christmas tree lots and seasonal sales lots (Attachment #1 and #2). Condition #2 of Attachment #8 (temporary off-site sale or lease signs) would be modified to clarify the requirements to extend the time limits of the original approval. Cm. Barnes referred to Attachment #8, Condition #8, and asked Staff to clarify the 24 square feet. Ms. O'Halloran explained that the Ordinance specifies square footage. There were no height regulations. The permitted sign size was consistent with the Ordinance. Cm. Zika questioned the fire department's one exit per 200 feet requirement. Ms. O'Halloran indicated that this is currently a standard condition for Christmas tree lots. This standard was inadvertently left off the standard requirements for Christmas tree lots and seasonal sales lot. On motion from Cm. Barnes, with the additions/changes noted by Staff, seconded by Cm. North, and with a vote of 4-0, the Commission adopted Regular Meeting PCM-1992-51 March 16, 1992 [3-16min] , ~ . ~ ~ ~ ~ RESOLUTION NO. 92 - 019 APPROVING STANDARD REQUIREMENTS FOR ZONING CLEARANCE USES OTHER BUSINE5S Mr. Tong indicated that the City Council would be reviewing the Zoning Ordinance Amendment Study request for C-N Districts at their next meeting. This amendment would allow commercial recreational uses, such as karate schools, as permitted uses within C-N Districts. The Council would also be reviewing the non-conforming sign status report. PLANNING COMMISSIONERS' CONCERNS Cm. Barnes had concerns with child care facilities and referred to the daycare site across the street from Tots University. The other Commissioners concurred with Cm. Barnes. Mr. Tong indicated that the City required a use permit if there were more than six children. He would verify with the State to see if the facility across the street had a State license. ADJOURNMENT The meeting was adjourned at 9:50 p.m. Respectfully submitted, ~ lannin ommissi Chairperson 'V Laurence L. Tong Planning Director Regular Meeting PCM-1992-52 March 16, 1992 [3-16min]