CCMIN050608 - Laserfiche WebLink

Kay Ayala said they are pleased with the Sierra Club's support, read a letter from Councilmember Sullivan to the Sierra Club requesting their support and expressing views on the issue. She voiced concerns about implications for future grass root efforts, thanked Councilmembers Sullivan and McGovern for their continued support and hoped the remaining Council would follow. Steve Iserson voiced concerns with train noise and safety issues, said he heard of the possibility for the City considering a Quiet Zone, and fully supported further investigation. Mayor Hosterman stated that the Council would study this issue at a June meeting. John Felton spoke in supported of creating a Railroad Quiet Zone. Dennis Thompson addressed the Council in support of a Railroad Quiet Zone. PUBLIC HEARINGS AND OTHER MATTERS 16. Public Hearing: PAP-119 (PCUP-200), John Pfund, Tri-Valley Martial Arts -Consider an appeal of the Planning Commission's denial of a conditional use permit to allow a martial arts academy which would (1) include up to 20 students ages 5 to 12 years, and an additional 10 students 16 years and older and 1 employee, Monday through Friday between the hours of 11:30 a.m. and 9:00 p.m.; and (2) provide (a) child transportation to the academy from elementary and middle schools, (b) an afternoon program for children between the hours of 11:30 a.m. and 6:15 p.m., (c) an area for homework activities, (d) after-school martial arts-related games and activities, (e) seasonal camps, and (f) care and supervision from 9:00 a.m. to 6:15 p.m. on school holidays, two weeks during the school winter break, and ten weeks during the school summer break, in an existing building located at 1262 Quarry Lane, Suite A, in the Valley Business Park. Zoning for the property is PUD-I (Planned Unit Development -Industrial) District. Principal Planner Donna Decker gave the staff report, stating the appellant is requesting the City Council reconsider the Planning Commission's decision. She described the business park location, the suite's west elevation, the proposal for a martial arts studio, and she described the appellant's request for a conditional use permit and said the request constitutes hours of operation that mirror a daycare facility. She further described afternoon activities divided into two sessions, seasonal camps during the time school is out of session, said the applicant believes the facility is not operating as a daycare business and has indicated children are able to come and go as they please. She presented photographs of the interior's break room, mat and trampoline areas, which indicates more than martial arts activities taking place, said the State has legislation for a daycare facility and the exemption for which a waiver could be provided would be for drop-in children without supervision. She said the appellant has indicated he was not a daycare facility because a waiver has exempted him, but the City did not accept this based on the narrative the appellant provided which reveals uses on site truly mirror a daycare facility. Findings needing to be made in order to deny or approve the project include: 1) location and whether it is appropriate for the zoning district, 2) that the location of the use is detrimental to the health, safety and welfare of the City, and 3) that the use complies with the zoning code. Staff could not make the three findings at all due to the fact that there are 5 parking spaces needed, the circulation is poor because of a dead-end in the parking area, the proposal has City Council Minutes 4 May 6, 2008