PC 02/12/97 - Laserfiche WebLink

PUBLIC HEARING WAS CLOSED Staff clarified that the Code gives the Zoning Administrator the ability to look at the permitted uses and look for common characteristics and similarities in making a determination of whether uses not specifically listed are conditional or permitted uses. This project is similar to hospitals in that patients give birth, stay overnight, have doctor and nurses, medications, etc. A medical office would not be an allowed use and that was why the conditions specifically prohibit examinations that are not directly connected to birth and the women giving birth. Commissioner Wright applauds the applicant's project and use, but reviewing the staff report, he cannot agree with staff's view of the birthing center being a hospital. He cannot make that conditional use permit findings. He concurs with the neighbors that it is detrimental to the adjacent properties. He does not feel it is a good use in a residential neighborhood. Commissioner Cooper has concerns regarding this permit. The Second Street area is a very nice neighborhood and is worth preserving as a residential area. He feels First Street is a good boundary for commercial uses. It is unclear whether this use actually fits the zoning. He feels it is unfair to ask the neighborhood to have to police the neighborhood. Commissioner Cooper would like to see a birthing center in Pleasanton and asked if some assistance from citizens and staff could help in finding another location. He regretfully cannot support the use at this site. Commissioner Dove spoke to recent media coverage that mothers are required to stay 24 hours in a hospital, and whether this would apply to this birthing center. Commissioner Lutz feels the question is whether to permit an out-patient medical service in a structure that has been a residence. This is an old, historic neighborhood, and there are inconsistencies in the RM4000 zoning. He asked staff to look at the historic neighborhoods and proposed a new zoning. He cannot support this application at this location and feels it may open the door for further commercialization. Commissioner Lutz does not feel it complies with the General Plan. He interprets the General Plan as saying the east side of First Street marks the beginning of the residential neighborhood. He regrets the School District putting their service center on the east side of First Street, but they don't answer to any City Commission. Commissioner Lutz is not opposed to the facility itself only to this location. We must protect this neighborhood. Chair Barker feels the applicants are trying to state that births don't have to occur in hospitals and the applicants have likened their application to a bed and breakfast concept. She has been opposed to other bed and breakfast applications because they don't fit in the neighborhood. She has a policy to protect a neighborhood. She is opposed to this application. Commissioner Wright motioned, seconded by Commissioner Lutz, denying Case UP-96-79. ROLL CALL VOTE AYES: NOES: ABSENT: ABSTAIN: Commissioners Cooper, Dove, Lutz, Wright and Chair Barker None None None ~ Planning Commission Minutes Page 9 February 12, 1997