MINUTES OF MEETING EAST COUNTY BOARD OF ZONING ADJUSTMENTS JANUARY 28, 2016 (Approved February 25, 2016)

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1 MINUTES OF MEETING JANUARY 28, 2016 (Approved February 25, 2016) FIELD TRIP The Boardmembers individually visited the properties listed under the Field Trip Report. REGULAR MEETING CALL TO ORDER: The Chair called the meeting to order at 12:00 p.m. MEMBERS PRESENT: Members Larry Gosselin, Chair; Jim Goff; and Jon Harvey, Vice- Chair. OTHERS PRESENT: Rodrigo Orduña, Senior Planner; Andrew Young, Planner; and Nilma Singh, Recording Secretary. There were approximately sixty-three people in the audience. PLEDGE OF ALLEGIANCE OPEN FORUM: Open forum is provided for any members of the public wishing to speak on an item not listed on the agenda. Each speaker is limited to three (3) minutes. No one requested to be heard under open forum. FIELD TRIP REPORT: 1. TERESA HERIGSTAD, CONDITIONAL USE PERMIT PLN ~ To allow a Conditional Use Permit for continued operation of a dog kennel for up to 15 dogs located at 9995 Tesla Road, west side, approximately 1,200 feet southeast of Reuss Road, unincorporated Livermore area of Alameda County, bearing Assessor s Parcel Number: 99A TRI-VALLEY SIKH CENTER, CONDITIONAL USE PERMIT, PLN ~ Application for adaptive reuse of an existing 5,780 square foot residence for religious, educational and social activities for the Tri-Valley Sikh community, including light grading for a 27-space (gravel or rushed granite) parking area with two paved handicapped-accessible spaces, constructing a covered trash enclosure, widening an existing access road to 20 feet, improving the on-site wastewater treatment system, and retaining an existing modular home, in the A (Agriculture) District, located at 2089 North Livermore Avenue, east side, north of the west=-bound I-580, unincorporated Livermore area of Alameda County, bearing Assessor s Parcel Number:

2 PAGE 2 3. AVILA/MACKENZIE/T-MOBILE, CONDITIONAL USE PERMIT, PLN ~ Application to allow a microwave dish on a 10-foot pole to an existing telecommunications facility and to allow continued operation of the facility, in an A-BE (Agricultural, Minimum 160 acres) District, located at West Grant Line Road, east side, southeast corner of Altamont Pass Road, unincorporated Livermore area of Alameda County, bearing Assessor s Parcel Number: 99B NEIGHBORHOOD PRESERVATION AND ZONING ORDINANCE ABATEMENT - None ALCOHOLIC BEVERAGE SALE REGULATION ADMINISTRATIVE HEARING - None APPROVAL OF MINUTES FROM PREVIOUS MEETINGS 4. APPROVAL OF BOARD MINUTES ~ November 19, 2015 and January 14, 2016 Member Harvey made the motion to approve the November 19 th Minutes as submitted and the Chair seconded. Motion carried 2/1 with Member Goff abstaining. Member Goff made the motion to approve the January 14 th Minutes as submitted and Member Harvey seconded. Motion carried unanimously, 3/0. CONSENT CALENDAR: 5. CORNETT NORMAN/CLUB MOTO MOTOR CROSS, CONDITIONAL USE PERMIT, PLN ~ Application to allow expansion of Pee Wee and RC Tracks and continued operation of an outdoor recreational facility, in an A (Agricultural) District, located at 7727 Altamont Pass Road, south side, approximately 100 feet east of North Greenville Road, unincorporated Livermore area of Alameda County, bearing Assessor s Parcel Number: 99B Staff Planner: Shahreen Basunia Continued from October 22, November 19 and December 10, 2015; to be continued to February 25, 2016 Member Goff made the motion to approve the Consent Calendar and Member Harvey seconded. Motion carried 3/0. REGULAR CALENDAR: 5. MARK PELLOWSKI, VARIANCE, PLN ~ Application to allow an accessory structure 32 feet high where 15 feet is the maximum allowed, in a R-1-B-40 (Single Family Residence, 40,000 square feet Minimum Building Site Area) District, located at 999 E. Mockingbird Lane, south side, approximately 40 feet west of Alisal Street, unincorporated Pleasanton area of Alameda County, Assessor s Parcel Number: Staff Planner: Richard Tarbell

3 PAGE 3 Continued from June 26 and October 23, 2014; January 22, July 23, August 27, September 24, October 22, November 19 and December 10, 2015 Mr. Orduña presented the staff report. A brief discussion ensued re the use. Public testimony was called for. Mark Pellowski, applicant, was available for questions. No other testimony was submitted. The Board further discussed state codes regarding Variances, many other existing recreational/other structures with similar heights; lack of consideration for trapeze when Ordinance was written; special circumstances; non-detrimental to other neighboring properties and staff s recommendation. The Chair noted the use of a variance, numerous other structures of same or higher heights, special circumstances and made the motion for an approval. Member Goff seconded and the motion carried 2/1 with Member Harvey dissenting. 6. GENE RAPP, VARIANCE, PLN ~ Application to allow construction of an accessory structure (garage in the front half of the property, in a PD-ZU 2001 (Planned Development, 2001 st Zoning Unit) District, located at 83 Castlewood Drive, west side, approximately 100 feet north of Fairway Lane, unincorporated Pleasanton area of Alameda County, bearing Assessor s Parcel Number: Staff Planner: Carole Kajita Continued from May 28, November 19 and December 10, 2015 Staff announced that the applicant has requested a continuance. Member Goff made the motion for a continuance to February 25 th as requested by the applicant. Member Harvey seconded and the motion carried unanimously, 3/0. 7. TERESA HERIGSTAD, CONDITIONAL USE PERMIT, PLN ~ To allow a Conditional Use Permit for continued operation of a dog kennel for up to 15 dogs, in an A (Agricultural) District, located at 9995 Tesla Road, west side, approximately 1,200 feet southeast of Reuss Road, unincorporated Livermore area of Alameda County, bearing Assessor s Parcel Number: 99A Staff Planner: Carole Kajita Continued from December 10, 2015 Mr. Orduña presented the staff report and in response to the Board re two sets of maps, explained that there is a concurrent SDR application. Public testimony was called for. Teresa Herigstad, applicant, clarified that she does not have a boarding facility contrary to Finding #1. Lee Giroox, 5565 Victoria Lane (off Tesla Road), ¼ mile east of subject property, expressed noise concerns (constant barking) and played two recordings (Sunday at 11 and 11:30 pm) from her back porch. In response to the Board, she confirmed that she has not contacted the applicant but perhaps another neighbor has.

4 PAGE 4 Mr. Herigstad, in rebuttal, explained the current situation-a dog running outside the fence at odd times and increased barking during feeding; and discussed the number of dogs (10-15); # of litters, yard size and use of bark collars. Ms. Giroox, in response, noted that the constant barking problem has existed for many years and no feeding occurs at 11 p.m. Public testimony was closed. Board discussions ensued re description of a kennel (six or more dogs), agricultural vs. domestic animals, noise mitigation-routine use of bark collars and applicant to work with neighbors. Member Goff made the motion for an approval as recommended by staff and Member Harvey seconded. Motion carried unanimously, 3/0. 8. AVILA/MACKENZIE/T-MOBILE, CONDITIONAL USE PERMIT, PLN ~ Application to allow a microwave dish on a 10-foot pole to an existing telecommunications facility and to allow continued operation of the facility, in an A-BE (Agricultural, Minimum 160 acres) District, located at West Grant Line Road, east side, southeast corner of Altamont Pass Road, unincorporated Livermore area of Alameda County, bearing Assessor s Parcel Number: 99B Staff Planner: Shahreen Basunia Staff announced that the applicant has requested a month s continuance. The applicant was not available and no other public testimony was submitted. Member Goff made the motion for a month s continuance as requested by the applicant and Member Harvey seconded. Motion carried unanimously, 3/0. 9. TRI-VALLEY SIKH CENTER, CONDITIONAL USE PERMIT, PLN ~ Application for adaptive reuse of an existing 5,780 square foot residence for religious, educational and social activities for the Tri-Valley Sikh community, including light grading for a 27-space (gravel or rushed granite) parking area with two paved handicapped-accessible spaces, constructing a covered trash enclosure, widening an existing access road to 20 feet, improving the on-site wastewater treatment system, and retaining an existing modular home, in the A (Agriculture) District, located at 2089 North Livermore Avenue, east side, north of the west-bound I-580, unincorporated Livermore area of Alameda County, bearing Assessor s Parcel Number: Staff Planner: Andrew Young Mr. Young presented the staff report adding that a late comment letter has been received from City of Livermore with traffic, noise, light, location, design and future expansion concerns. A discussion ensued re Measure D FAR requirement, possible expansion and any future expansion, Condition of Limitation-deed requirement; and possible conservation easement. Public testimony was called for. Jarnail Ghumman, Vice President, provided background information and discussed the following in detail: considerable property clean-up to-date

5 PAGE 5 (submitted photographs); installation of a trash enclosure; continue to maintain agricultural character with no new structures (to-date and in future); community farmingexpansion of strawberry farming, all vegetable growing on site; all County departments requirements will be met; each neighbor was provided with a copy of the plans, only one expressed concerns which now have been resolved and a support letter submitted (a copy was provided to the Board); completion/distribution of a MND/IS with no response; and the three Findings. In response to the Board, he indicated that there is no plan for future expansion and although plans are to promote agricultural activities/community farming (farming background), it will also depend on water supply. Andy Ross, City of Livermore, discussed concerns re assembly use will create inappropriate urban impacts; potential people, noise, traffic and disruption issues that are incompatible/non-supportive of surrounding agricultural/open space uses; locationoutside the N. Livermore Urban Growth Boundary; an urban use; potential expansion-a significant concern; visual impact re hillside, parking lot and trash enclosure and no plans for future annexation. In response to the Board, he further clarified annexation vs. expansion of the UGB processes; unaware of community gardening proposal; will consider a landscape plan for screening; and, in response to the Board, confirmed that he has not visited the site and a willingness to participate in possible conservation easement discussions. Trilochan Dosanjh spoke in support. Mike Kliment, representing Monte Vista Memorial Investment Group and easterly property owner, in support, stated that a conservation easement will impact this significant investment and any future expansion; and currently in discussions with the applicant re participation in development of historical farms. Jaswant Gill, President, noted the lack of such a center in the Valley, this will add to the City s revenues, a willingness to plant additional trees and replacement planting for screening. Pavinder Saggu, Public Relations Officer, noted the lack of such a center in the area and in response to the Chair, and stated a willingness to have a plan for community garden. Pavinder Thappar stated a willingness to be part of the community and described their charity work to-date. Paramjeet Luthra, in support, stated his farming heritage and a willingness to corporate with local agricultural efforts with donation of any surplus. Jagir Multani noted the following: re City s concerns-exhaustive studies have been done and all concerns are dealt in the MND/IS; traffic noise already exists; currently no expansion plans; support agriculture as lots of potential, maintaining agricultural character; and will provide additional landscaping. The Board requested clarification re off/on ramps. Mr. Ghumman confirmed that per Cal Trans District 4 office, all work is complete and the on/off ramps expansion plans have been cancelled.

6 PAGE 6 Kuldip Sidhu reiterated that all concerns have been resolved in the exhaustive ceqa and traffic studies. Surinder Pal Singh stated their willingness to work with the Community Gardens. Sunita Kapoor felt that a limitation should not be placed at this time with a conservation easement as it would impact the future and noted that City comments were submitted late, staff has not visited the site yet and all of their concerns have been mitigated. Paul Malhotra, Ripudaman Singh, Paul Singh, Amarjit Multani, Kuldip Sahetu, Harisimran Singh, Harjit Braich, Shveta Mehta, Charanjit Singh, Harmit Toor, Dimple Toor, Inderpreet Sheina, Sukhjit Kaur, Shivina Chibber, Simpreet Kaur, Simriti Singh and Deep Kaur submitted written comments in support. Sharan Gill, a Pleasanton resident, discussed the need in support. Beena Sahota, 2322 Vintage Lane, Livermore, stated the willingness to obtain help with local agricultural groups and also discussed the great need/benefit. Surjit Kalra, 3412 Pickens Lane, Pleasanton; Surinder Singh, a Pleasanton resident; spoke in support. Kanwar Singh, San Ramon resident, discussed the plan to open a community kitchen and perhaps health care help on site based on his work experience in community gardens and healthy cooking. Jagtar Singh Gill, 2679 Gaines Ct, Tracy, although in support of a Sikh Center in the Tri- Valley area, spoke against the project. Public testimony was closed. The Board requested clarifications re: examples of other such centers/churches, FAR and caretaker s unit, maximum size permitted, possible conservation easement through the City or Tri-Valley Conservancy, lack of response from Sierra Club and possible expansion; and, discussed intent of Measure D and ECAP, perhaps an agricultural component, Findings, location-proximity to freeway, benefit outside the project, lack of agricultural enhancement in North Livermore, only impact encroachment to UGB (along the freeway), and a continuance. Public testimony was re-opened. Jagir Multani requested clarification re expansion, conservation easement and agricultural component. Public testimony was closed. Member Harvey made the motion for a continuance for sixty days to allow the applicant to enter discussions with City and Tri-Valley Conservancy and prepare a plan developed with an agricultural component and staff to check with County Counsel. The Chair seconded and the motion carried 2/1 with Member Goff dissenting. STAFF COMMENTS & CORRESPONDENCE: In response to the Board, staff indicated that AWI (PLN ) has filed an appeal.

7 PAGE 7 COMMISSION ANNOUNCEMENTS, COMMENTS AND REPORTS: The Chair briefly discussed mitigation/transparency issues and will provide a detailed report at the next meeting. ADJOURNMENT: There being no further business, Member Goff moved to adjourn the meeting at 3:15 p.m. Member Harvey seconded the motion. The motion was carried 3/0. ALBERT LOPEZ, SECRETARY