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HomeMy WebLinkAbout05-27-2003 PC MinutesCALL TO ORDER A regular meeting of the City of Dublin Planning Commission was held on Tuesday, May 27, 2003, in the Dublin Civic Center City Council Chambers. Chair Fasulkey called the meeting to order at 7:00 p.m. ROLL CALL Present: Commissioners, Fasulkey, Jennings, Nassar, Machtmes and King; Jeri Ram, Planning Manager; Kristi Bascom, Associate Planner; Pierce Macdonald, Associate Planner; Maria Carrasco Recording Secretary. PLEDGE OF ALLEGIANCE TO THE FLAG Cm. Fasulkey 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 MEETINGS - April 22, 2003 and May 13, 2003 were approved as submitted. ORAL COMMUNICATION - None WRITTEN COMMUNICATIONS - None PUBLIC HEARINGS - 8.1 PA 02-039 Conditional Use Permit to allow the partial conversion of a garage to residential living space for property at 7420 Tamarack Drive Ms. Bascom presented the staff report. She explained that a Conditional Use Permit (CUP) application is required to allow the partial conversion of a garage to residential living space in a single-family home. In March 2003 the City Council adopted an ordinance change to the zoning ordinance that would allow owners of single-family homes to convert their garage space to living space, as long as two unenclosed parking spaces could be found elsewhere on the property. In many cases for single-family homes there are two unenclosed spaces in the driveway. The applicants, Ken and Cindy Young, are requesting approval of a CUP to convert 120 square feet of their garage to residential living space to serve as a bedroom for one of their children. This would effectually remove one parking space within their garage, but would keep another enclosed parking space. This application meets the parking requirements for a CUP because this property does have two spaces elsewhere for parking. The application also meets all of the findings for a CUP per the Zoning Ordinance as detailed in the staff report. Several conditions of approval are proposed as part of the resolution that ensures that the construction, which has already been done, meets the current building code and safety requirements. In conclusion, Staff recommends that the Planning Commission adopt the resolution approving a CUP to allow the partial conversion of garage space to residential living space in a single-family home at this location. Cm. Jennings asked if the building meets the necessary building codes and requirements. Ms. Bascom stated that it has not yet been determined, but that it is one of the conditions of approval to meet the requirements. Cm. Fasulkey opened the public hearing and asked if the applicant wished to speak. Mr. Young, applicant, asked for the Planning Commission's approval. He explained that as a point of clarification, the laundry/computer room was pre-existing. He stated that he is in agreement with the conditions of approval and thanked the Commission. Cm. Fasulkey asked for further clarification about the laundry/computer room. Ms. Bascom stated that the ten conditions of approval from the Building Official are to ensure that the construction is safe and meets current building code. Because access to the new bedroom is through the laundry/computer room, these rooms were mentioned in the conditions. Cm. King asked what the new room is being used for. Mr. Young stated it is an additional bedroom for one of his kids. Mr. King asked Mr. Young how many cars they own. Mr. Young responded they have four cars; they park two in the driveway and two on the side of the street corner. Cm. King asked if they could have parked another car in the garage if they had not converted the space. Mr. Young answered with a theoretical yes, and a practical no, explaining their vehicles were too large to fit in the garage in the first place, and were not being parked in the garage or driveway. Also, he would not park a car in the garage with another behind it in the driveway for logistical reasons of moving cars. Cm. Fasulkey asked for any further questions or comments. Hearing none he closed the public hearing. Cm. King asked where Tamarack Road was located. Cm. Fasulkey responded in the Fredrickson school area. He stated the Young's are fortunate to be on a corner lot with so much room. Cm. Jennings complimented the Young's on accomplishing and presenting their project. Cm. Machtmes asked if the exterior of the house would be altered. Ms. Bascom said that as part of the application the changes were only interior. Cm. Nassar asked if this is the first project conversion since the Zoning Ordinance change. Ms. Bascom responded yes. Cm. King asked if the City receives excessive parking complaints regarding Tamarack Road. Ms. Bascom responded no. Cm. Fasulkey asked if there were any further questions, hearing none he asked for a motion. On motion by Cm. Nassar, seconded by Cm. King, by a vote of 5-0, the Planning Commission unanimously approved RESOLUTION NO. 03 - 26 A RESOLUTION OF THE PLANNING COMMISSION APPROVING A REQUEST FOR A CONDITIONAL USE PERMIT TO ALLOW THE PARTIAL CONVERSION OF A GARAGE TO RESIDENTIAL LIVING SPACE FOR PA 02-039 PROPERTY AT 7420 TAMARACK DRIVE (APN 941-0193-094) 8.2 PA 03-008 Martial Arts Studio - Conditional Use Permit to allow the establishment of a martial arts studio into a vacant 2,500 square foot tenant space at 7776 Dublin Boulevard Ms. Macdonald presented the staff report. She explained that the project was for a Conditional Use Permit (CUP) for a proposed Martial Arts Studio at 7776 Dublin Blvd, entitled United Studios of Self-Defense. As a Project Description, the studio would be located in a tenant space of approximately 2,500 square feet within an existing shopping center. It would teach classes for children, youth, and adults, ages 4 years and up, with class sizes of 1-20 students, held one class at a time. The studio would have two employees. The shopping center is oriented away from Dublin Blvd and oriented towards the adjacent Orchard Supply Hardware shopping center. The site layout consists of two rows of buildings, separated by a parking pad in the center for the shared parking of the shopping center. The last occupant was the Links Bar and Grill and all of the fixtures and features of that restaurant have been removed. The applicant does not propose any changes to the exterior except for a new sign, which would be consistent with the Master Sign Program existing in the shopping center. She pointed out the existing floor plan, showing the space of approximately 50' wide x 48' deep, and the two existing handicap accessible rest-rooms. The applicant proposes to construct a partial wall dividing the offices (left) with the instruction area (right) of 32' x 48'. Staff reviewed this project for compliance with the West Dublin Bart Specific Plan, finding the design guidelines do not apply to this project because of the small scale of the signage change, and the minor interior modifications. Staff also found that the land use was consistent with the specific plan's designation for the shopping center as Commercial B because this business is a small-scale business, serving indoor recreation type of entertainment. Because this is a CUP, the City has an opportunity to review the existing parking in the shopping center. Staff conducted a parking study, and the City's traffic engineer reviewed the study. The engineer concurred that the parking requirements for United Studios that a reduction for shared parking would be appropriate. City Staff from the Dublin Police, Fire, and Public Works departments reviewed the project, and found the site suitable for the proposed martial arts studio. The City Staff recommends that the Planning Commission adopt a resolution approving the request for a CUP to establish a Martial Arts Studio at 7776 Dublin Blvd, and to approve the parking reductions subject to the recommended finding and conditions. Cm. King asked how the project parking would compare to the previous restaurant tenant. Ms. Macdonald answered that the previous restaurant had seating for 76 people, but the original parking standard was I parking space per 4 seats. That was a less stringent parking requirement than for a martial arts studio, which is I space per 50 square feet of gross floor area. Cm. Fasulkey opened the public hearing and asked if the applicant wished to speak. Mr. Frank Ley, Applicant and Regional Manager for United Studio Self-Defense explained that they are a national company with approximately 130 locations across the USA. They have approximately 11 sites in the Bay Area, and this is a new location in Dublin. He stated that they believe their business is a compliment to any community because it teaches values and instills character in individuals who practice it. They have thousands of students across the USA that would agree. He thanked the Commission and stated they are willing to do whatever the City requires of them to comply with the conditions of approval. Cm. King asked what the age ranges are for this type of studio. Mr. Ley responded the students could range from 4 to 80 years of age. Cm. King asked if parents often drop off their children and leave. Mr. Ley responded yes. The instructors encourage the parents to not always stay during the class; it helps with the student's concentration. Cm. King asked if there has been a parking issue with any of their sites. Mr. Ley said that in his 35 years of experience and 130 locations, parking issues have been very minimal. Cm. Jennings asked if United Studios of Self-Defense is a franchise. Mr. Ley responded yes; with locations in Livermore, Danville, and many on the Peninsula and Marin County. Cm. Jennings asked how many employees for this location. Mr. Ley said it would employ one major instructor, with some student helpers from time to time. Cm. Jennings said there is an overlap of class time. She stated that one class is scheduled from 4:45 to 5:30, while another starts at 5:30 - 6:15. There does not appear to be a transition time for parents to pick up kids, and for a new class to begin. She asked who would fill in that responsibility for the children. Mr. Ley responded that she has a good point, and the schedule in the application's written statement included in the packet was incorrectly copied. He stated there is a 15-minute time gap between classes. Jennings asked the correct pronunciation of this particular martial art and for a brief description. Mr. Ley pronounced it (Shaolin Kempo or Shaolin Tromfah) the system's roots are from China, and they have had historical trips to its birthplace of Martial Arts in the Shalin Temple in the last three years. He explained that this August they have the Abbot of the temple and a special delegation coming to the USA to the Anaheim Convention Center. It is an event for all United Studio students throughout the USA to attend. This system, although its roots are from China, came through the Hawaiian Islands via a famous Master, Professor William Chaw. He taught a number of individuals, and it spread to the USA mainland through the Hawaiian connection. There are a number of branches to this system, but Kempo are the most commonly recognized. Mr. John Cunningham, the main instructor of the proposed Dublin location, currently running the Lombard (their San Francisco location) addressed the Planning Commission. Through working with youth he has obtained a certificate of honor from the Mayor of San Francisco. He would like that stated as an example of a natural occurrence of their interest in the youth and their development, and the parental / child development in a community. Mr. John Pfund, owner of Tri-Valley Martial Arts Center in the Mervyn's shopping center stated he has been studying and teaching Martial Arts for 26 years; and as an instructor, he stated that there is nothing better than having a community full of martial artists. They become the leaders of society and the City, and pillars of the community. Martial Arts provide a purpose, drive, and passion to a person's life. Cm. Jennings asked Mr. Pfund if the proposed project would be seen as a competition with his studio and methodology. Mr. Pfund said absolutely not. Martial Artists and instructors are a very close-knit community that pulls from each other, and there can never be too many studios in one City. Cm. Jennings asked if scholarships are available for children who cannot afford the classes. Mr. Pfund says that they do offer several alternatives to scholarships. He is interactive with the community colleges and public schools and frequently sends out multitudes of certificates allowing children to come and participate in the classes for a few months without charge. Cm. Jennings asked Mr. Leigh if he will also offers these types of opportunities. Mr. Ley responded yes, they also donate services for various educational and charitable organizations to raise funds, for example to St. Jude's and other organizations. It is important to give back to the community that they serve. Mr. James Baker spoke as a parent and stated he likes the proposed studio mainly because of the sense of culture that martial art studios bring to Dublin. He explained that his daughter has been involved for a year and has taken second place in a regional championship for the Central Valley. It also improved her grades, and has her whining less, her sense of community development has risen, and cultural awareness has improved. He is very impressed with martial arts as a whole. Cm. Fasulkey closed the public hearing and asked for a motion. On motion by Cm. King, seconded by Cm. Jennings, by a vote of 5-0, the Planning Commission unanimously approved RESOLUTION NO. 03 - 27 A RESOLUTION OF THE PLANNING COMMISSION APPROVING A REQUEST FOR A CONDITIONAL USE PERMIT TO ALLOW AN ESTABLISHMENT OF MARTIAL ARTS STUDIO LOCATED AT 7776 DUBLIN BOULEVARD, APN 941-1500-015-19 FOR PA 03-008 NEW OR UNFINISHED BUSINESS - Ms. Ram stated that every year Staff has an affordable housing field trip put on by the Housing and Community Development Department for the County. The field trip is offered to Staff and Commissioners in the surrounding jurisdictions. She stated that if any of the Planning Commission would like to attend to see various affordable housing projects in the area to please RSVP to Ms. Julia Abdala (Housing Specialist) at 925-833-6610. OTHER BUSINESS (Commission/Staff Informational Only Reports) - ADJOURNMENT - The meeting was adjourned at 7:50. ATTEST: Plan~er ~l~n~ing~mission Cf~son