HomeMy WebLinkAbout11-13-2007 PC Minutes
Planning Cornmissioll Minutes
CALL TO ORDER/ROLL CALL
A regular meeting of the City of Dublin Planning Comnission was held on Tuesday,
November 13, 2007, in the Council Chambers located at 100 Civic Plaza. Chair Schaub called
the meeting to order at 7:00 p.m.
Present: Chair Schaub, Vice Chair Wehrenberg; Commissioners, King and Biddle; Mary Jo
Wilson, Planning Manager; Michael Porto, Contract Planner; Martha Aja, Assistant Planner; and
Debra LeClair, Recording Secretary.
Absent: Commissioner Greg Tomlinson
ADDITIONS OR REVISIONS TO THE AGENDA - NONE
MINUTES OF PREVIOUS MEETINGS - Minutes of the October 23, 2007 meeting were
approved with a modification requested by Cm. King regarding his comments on the West
Dublin BART Station and the Village Green issue and a modification requested by Cm.
Wehrenberg regarding P A 07-012 Natalie's Daycare.
ORAL COMMUNICATIONS - NONE
CONSENT CALENDAR - NONE
WRITTEN COMMUNICATIONS - Cm. King indicated that he had received an anonymous
letter and asked if the Commission wanted to discuss it. Chair Schaub stated that the
Commission would not discuss anonymous correspondence.
8. PUBLIC HEARINGS
8.1 PA 07-040 Chevron Gas Station Remodel Conditional Ufe Permit and Site Development
Review at 7007 San Ramon Road
Chair Schaub asked for the Staff Report.
Martha Aja, Assistant Planner presented the project as stated in the Staff Report.
Chair Schaub asked for a sample of the paint color (Southern B:~eeze). Ms. Aja passed a color
board to the Planning Commission.
Chair Schaub asked where the Southern Breeze color would be on the project. Ms. Aja
answered that it would be on the food mart.
Cm. Wehrenberg asked why the San Ramon Road Store did not change the price sign to LED
and asked why it was not changed in either of their San Ramon stores.
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Cm. Wehrenberg also asked if the law had changed regarding the vapor recovery systems and
that she thought that all gas stations were required to have thme systems now. Ms. Aja stated
that all gas stations must be converted by the end of 2009.
Chair Schaub opened the public hearing.
Applicant, Tim Johnson, spoke in favor of the project. He addressed the question of the price
signs on the San Ramon Store on Bollinger Road - he stated that the reason the price signs had
not been changed was because of cost. He continued that the reason to change to the LED price
signs at the project location is because of the rapid price changes. They previously received
them once every other week, now they receive them 2-3 times per day. He stated that there are
also safety concerns and the new sign can be changed remotely. He felt that the industry is
going to the LED signs eventually.
Chair Schaub asked why it's unsafe for employees to walk to the area of the price sign but is not
unsafe for residents doing business there. The Applicant answered that it is a manpower issue
as well as a safety issue.
Cm. King asked how long it takes to change the numberE.. The Applicant answered the
employee would be away from the counter for approximately 10 minutes.
Chair Schaub mentioned the letter from Gettler Ryan and what was meant by reducing "light
pollution."
Liddy McKenzie, Gettler Ryan, answered that she meant that the lighting is more efficient and
uses less wattage. Chair Schaub stated that in the letter she indicated that the new LED price
sign would "reduce light pollution" and again asked her to explain. She stated that she meant
that less lighting conserves more light and energy and that the words "light pollution" was how
she worded it.
Kathy Johnson, Applicant stated that there is only one employee for 15 hours per day.
Therefore it is difficult for the single employee to leave the counter unattended and change the
prices.
Cm Wehrenberg asked about the vapor recovery system and if it was being funded by Chevron.
The Applicant answered that only the LED lighting would be funded by Chevron if the change
is completed within a certain timeframe. But the vapor recovery system must be installed by
April 2009 and is paid for by the individual stations. He stated that most stations are installing
energy efficient lighting with low watt bulbs.
Chair Schaub asked if the LED lights take up less light then the tubes that are in the sign
currently. Mr. Johnson answered that they were about the sane in the price sign but the LED
lights around the canopy would be more energy efficient.
Cm. Biddle stated that he appreciated that their landscaping being kept up.
Chair Schaub closed the public hearing.
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Chair Schaub asked for a discussion regarding LED lights. He felt that they are inappropriate in
Dublin. He stated that he understands issue of safety and felt that it was not any more unsafe
for the employees as the patrons. He discussed the reasons why he cannot make the findings
for this project. He stated that he felt the project is inconsistent with the General Plan and the
specific plans for that area. He mentioned that light colored or flashing lights are not allowed
on Village Parkway per the Specific Plan. The Scarlett Court Specific Plan references not
allowing neon signs, billboards and overly bright shiny lights. He felt that signs should be in
harmony with the on-site buildings and would be more appropriate in the light industrial area
but not across the street from the historical area. In the Historical District Specific Plan it states
that internally illuminated signs are discouraged in the Dublin Village area, and also stated that
electric or neon signs are prohibited also. He stated that he understands the issue with
efficiency, but he truly believed that if we start down the path, there will be neon lights and sign
changes on every building in our City and it will not be. He does not believe the colors are
consistent with the project or with the colors proposed for the building. He stated that the only
way he would consider approving the project is if the lights are blue and white which is
consistent with the rest of the project. He felt that the color red was as dangerous for motorists
trying to read the LED signs as it is for employees going out to change the pricing manually. He
does not believe that approving this project adjacent to the historical district specific plan area is
appropriate.
Cm. Wehrenberg asked Chair Schaub if he had a problem with only red light LED pricing signs.
Chair Schaub answered that he was only concerned with the Ficing sign and thought the other
lighting was appropriate.
Cm. Biddle stated that he would prefer not to have electronic signs but thought that any kind of
signage at a gas station will attract attention and the LED signs do not attract any more
attention then the old fashioned signs and thought they were ea.sier to read.
Chair Schaub stated that he didn't think the signs were appropriate and if they could find a way
to install white on blue background, low intensity LED lights he would support it.
Cm Wehrenberg stated that these signs come in various colo::s and asked if that would be an
option for this project.
Mary Jo Wilson, Planning Manager mentioned that the Commission could condition the
Applicant that the sign and the background must be of a certain color in order to make the
findings to approve the project.
Cm. Wehrenberg stated that she sympathized with Chair Schaub's point of view but that the
project was not in the historical area. She felt that the technology will be used by many gas
stations in the future.
Chair Schaub asked if the Commission would approve a gas station sign for this project but not
the same sign for a mattress store and where would they stop.
Cm. King stated that there were differences and referenced the Applicant's statement that price
changes take place 2 or 3 times per day.
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Cm. Wehrenberg stated that she drove by both the sites; Alcosta Blvd. and Bollinger Canyon
Road to confirm they were the same. She found that they were the same and did not have the
signage being proposed for this project. She mentioned that the aquarium store on Dublin Blvd
has blue LED lighting in the windows as an accent feature only and felt it was appropriate
there.
Cm. King was sympathetic to the Chair's concerns regarding the look and feel of Dublin Blvd.
He did not believe that there is a policy of how we want Dublin Blvd to look.
Chair Schaub stated that the project location is not in any of the area specific plans. He
continued that in the next specific plan the location will be irduded and that neon type lights
and signage is already prohibited in the last three specific pI am approved by the Commission.
Cm. King stated he saw a distinction between the historical area and the Village Parkway area
that the Chair mentioned and the section of Dublin Blvd. He stated he was sympathetic
regarding the safety issues and felt that 10 minutes away from counter could be cause a
problem. He stated that he was not as alarmed by the esthetic effect of the price signage. He
stated that the Chair referred to a previous application of LED price signage that the
Commission unanimously voted against.
Cm. Wehrenberg stated that she was the only Commissioner that approved it. She stated that in
that instance she agreed that it was a safety issue because of the amount of traffic at that
location. She stated that she agreed with the Applicant as fa: as safety of employees possibly
being a crime target.
Cm. King stated that although he feels that it does affect the look and feel of Dublin Blvd. he
does not see it as a significant impact on esthetics.
Cm. Biddle agreed that he did not want neon signs up and down the Dublin Blvd. He stated
that he would object to a mattress store having the same type of sign but that it is a tradition for
gas stations to have their signs on the street. He felt that these signs were not more offensive
then the manual signs and that the brightness could help with safety. He stated that he liked
the idea of a different color then red.
The Commissioners discussed the service stations on Dublin Elvd. and how they could prevent
signs of that type from becoming overwhelming. Cm. Wehrenberg stated that she was not
opposed to the sign because it is at a low level.
On a motion by Cm. Biddle and seconded by Cm. Wehrenberg.. and by a vote of 3-1-1, with
Chair Schaub voting against it, the Planning Commission adopted:
RESOLUTION NO. 07-56
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
APPROVING CONDITIONAL USE PERMIT TO INSTALL AN ELECTRONIC GASOLINE
PRICE DISPLAY SIGN AT THE CHEVRON GAS STATION AT 7007 SAN RAMON ROAD
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ASSESSOR PARCEL NUMBER 941-0305-007-02
PA 07-040
RESOLUTION NO. 07-57
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
APPROVING SITE DEVELOPMENT REVIEW TO ALLOW EXTERIOR MODIFICATIONS AT
THE CHEVRON GAS STATION AT 7007 SAN RAMON ROAD
ASSESSOR PARCEL NUMBER 941-0~,05-007-02
PA 07-040
8.2. P A 04-016 - Fallon CrossingJormerly known as Mission Peak Property, Stage 2 Planned
Development Plan, Site Development Review and Ve:,ting Tentative Tract Map. (Standard
Pacific Homes)
Chair Schaub asked for the Staff Report and complemented the Applicant and Staff on the
project submittals saying it was the nicest set of plans the Commission had seen in a long time.
Michael Porto, Contract Planner presented the project as stated in the Staff Report.
Chair Schaub stated that Mr. Porto included the "net density" of 5.44 in the Staff Report and
commented that he liked to have the density information because that is what tells the
Commission what the project actually looks like. He mentioned that he would like to see that
"net density" information in future Staff Reports.
Chair Schaub asked what would happen to the space if the vineyard is not planted as a
vineyard. Mr. Porto answered that he would need to go back and work with the developer to
come up with a revised plan for landscaping in that area. He ~;tated that the issue would be fire
protection and irrigated landscaping. Chair Schaub asked if the area were left to open space
would the area be weed abated every year. Mr. Porto stated t1.at if the area were left in natural
open space, the houses would be designed significantly different. Chair Schaub commented
that it would be a problem if the vineyard is not built. Mr. Porto stated that they would have to
install some tYpe of irrigated landscape that the Fire Department would approve. Chair Schaub
felt that it would significantly impact HOA dues.
Mr. Porto stated that the developer was also considering a fruitless vineyard that would
produce leaves but no grapes. Chair Schaub stated that there would be landscape costs and
asked if it was ever intended for the vineyard to be revenue producing for the HOA.
Cm. Biddle asked if the size of the development would be too small to attract a manager for an
HOA. Chair Schaub discussed HOA costs and his concern about the affordable units, the HOA
dues, GHAD and how they will affect those people financially.
Ms. Wilson stated that a discussion regarding the Affordable Housing Ordinance would be at a
policy level with the City Council. Chair Schaub was concerned about the Affordable Housing
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Ordinance and how the HOA costs affect the people that buy those units. Ms. Wilson and Chair
Schaub agreed that there could be unintended consequences of the ordinance.
Cm. King asked about the pocket parks and if they were mostly grass. Mr. Porto answered that
the pocket parks are defined as a trail connection with landscaping and that they are part of the
amenities of the project along with the linear park and the trails. Chair Schaub stated that grass
is the most expensive part of the landscaping because of the maintenance, i.e., water, fertilizer
and mowing.
Chair Schaub asked about the lots on the Silvera Ranch side of the project. He stated that it
looks like they have some real yards and asked what they actually look like. Mr. Porto stated
that in some instances there is a 2-1 slope with useable area for rear yards and small retaining
walls to make the rear yard more useable.
Chair Schaub asked if the developer could move the wall back another 10 feet and make it
bigger. Ms. Wilson stated that the retaining wall height could potentially impact the homes in
the Silvera Ranch development.
Mr. Porto stated that there had been slides and slide repair in the area and some of the slides are
in relation to the retaining walls. There was a continued discussion regarding retaining wall
height and the dangers associated when they are too high.
Chair Schaub was concerned about parking for the duet units. He felt that the ratio did not
meet the City's parking standards. Mr. Porto stated that eacr production unit has a minimum
of a 2 car garage and the duet units have an oversized garage with room to park the second car
on the driveway. Mr. Porto continued that the Inclusionary Zoning ordinance discusses the
ability to reduce the covered parking to one covered parking stall. Mr. Porto discussed the issue
of two car enclosed parking with the developer and they reiurned with an 18 foot driveway
apron and the over sized garages which would include storagE.
Chair Schaub mentioned areas of concern in the project where there could be traffic and parking
congestion.
Mr. Porto stated that the developer could incorporate parking along the west side of Street IFB",
along the open space trail. Chair Schaub suggested that some of the park area was not big
enough and that they could convert some of the park area and add a few more parking spaces.
Mr. Porto mentioned at all of the intersections in Parcel B there are bulb outs for traffic calming.
He thought it could be possible to push the street back into t:le over flow parking in that area
and include a few additional parking stalls.
Cm. Wehrenberg asked about trail safety and if there was a buffer between the street and the
trail. Mr. Porto answered the bump outs would be bigger and wider, and would not change
location but be further out into a paved surface approximately 2-4 additional feet. The
intersections are designed to slow down traffic.
Chair Schaub mentioned how much easier it is to see what the project actually looks like from
the 3D drawings and he suggested that there be more drawing.;; of this type in the future.
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Cm. Wehrenberg asked about the neighborhood fences stat:ng that she did not see a fence
drawing that encloses the yard. Mr. Porto referred to the drawings in the small book which
showed the fence drawings. He stated that these are unique to this project. There was a
discussion regarding the placement of the fences and how that it is accomplished through
inspection by the Planning Department.
Cm. King asked about the side and rear elevations and if they were interesting enough. Mr.
Porto answered that the architectural detail around the homes with the windows, headers and
sills, etc. creates a very interesting look to the project and it is very consistent with other projects
that have been recently approved.
Cm. King referred to drawing A2.5 and thought the left side elevation that can be seen by public
is too simple. He asked about the shutter material. Mr. Porto answered the shutters are made
wood textured polyurethane.
Cm. King asked if the pocket parks were large enough for children to play organized games like
football. Mr. Porto answered that they were not big enough for games. However there are cul-
de-sacs for additional areas for children to have a place to play within their neighborhood.
Cm. King stated that the entrance to the development has the (astle element but was concerned
that the fence and the wall further north both look plain. Mr. Porto answered that it is further
away from the street and will have a landscaping screen in front of it and they will bring stone
elements to that portion of the fence also.
Cm. Biddle commented that he was happy to see the green building guidelines in the package.
Chair Schaub opened the public hearing.
Michael Whitby, Standard Pacific, Applicant, spoke in favor of the project. He stated that they
choose the vineyard because it occupies a lot of slope and neither the Fire Department nor the
architect wanted to put in grassland because of the fire hazard and maintenance issues. He
stated that the vineyard requires less irrigation year after year.
Mr. Whitby referred to the question regarding the retaining walls in the upper slope area and
possibly pushing back the wall to allow more flat yard area behind the house. He stated that
the wall line was moved in and back and it was a drainage course issue. The maximum slope
allowed in Dublin is 2:1 and trying to get the 2:1 slope they had to transition back from the road
that Silvera Ranch is installing, to the property line and had to encroach into the lots to
gradually make the slope.
Cm. Biddle asked about grading for slide repair. Mr. Porto pointed the slide repair areas on the
Open Space Map.
Chair Schaub initiated a discussion regarding Geological Haza.rd Assessment District (GHAD)
and other assessment districts.
Chair Schaub mentioned lighting and landscaping assessment districts as well as cleaning V-
ditches. He stated that they must be cleaned every year and asked if the City was responsible
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for cleaning the V-ditches or the individual property owner. Ms. Wilson stated that the Public
Works Department is responsible for public information and associated maintenance.
Cm. King asked if the open space area would be open to the public or members of the
association only. Mr. Whitby answered that it is not controlled and anyone can come thru there.
Cm. King was concerned that the HOA could possibly pass a guideline that states the open
space can only be used by residents.
Mr. Porto answered that although this area will be privately :naintained there will be a public
access easement required on the parcel because there will bE an art park that will require all
residents of Dublin to have access to that area. Cm. King stated that the HOA could prohibit
access to the vineyard area because it would be land owned by HOA. Mr. Porto and Mr.
Whitby both agreed that would be difficult to enforce.
Cm. King asked who writes the CC&R's for a development. Mr. Porto answered that the
developer's attorney writes the CC&R's, with the city attorney's review. Cm. King was
concerned that the HOA would write a guideline prohibiting children from playing in the cuI
de sacs. Mr. Porto stated that the cuI de sacs are public streets and cannot be regulated by the
HOA. The only private streets are the three motor courts.
Chair Schaub stated that the CC&R's should specify how the private streets will be maintained.
Mr. Porto answered that the private streets would be maintained by the HOA.
Jason Hadnot, Standard Pacific, Applicant, spoke in favor of the project. He spoke regarding
the HOA information and costs. He stated that he had worked on a similar project that had
private streets, community pool, hillside open space, and 183 homes, for which the HOA dues
were approximately $250jmonth. He thought the dues for thiE, development would be less with
no pool and not as much class A landscaping. Chair Schaub thought the dues would be
approximately $200jmonth with approximately $100jmonth for the GHAD. Mr. Hadnot stated
that 1/2 - % of one percent of the price of the home is typically acceptable for the HOA dues.
Chair Schaub was concerned that the HOA dues for BMR's a.re too expensive for the people
who buy the affordable units. He suggested, for these types of projects (on the outskirts of
town) that the developer pay the in-lieu fees for all required units.
Mr. Hadnot stated how the sales price for the affordable units is set.
Ms. Wilson commented that as we work with policies WE find that adjustments may be
necessary.
Closed the public hearing
Cm. Wehrenberg stated that she liked the drawings and had no concerns. She stated that she
agreed with Chair Schaub on the parking issue.
Cm. King stated that he was in favor of the project. He felt it VIas the best possible layout given
the hills and preserve scenic area and create spaces for kids to play. The parking issue is
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dubious because of parking formulas, so it is on faith that pa.rking formula will work for the
project.
Cm. Biddle stated he is in favor of the project.
Chair Schaub was in favor of the project and asked the developer to include 8 more parking
spaces. He stated that he appreciated the drawings because it helps the Planning Commission
and makes it easier to approve.
Cm. Wehrenberg stated that another cost of the vineyard would be animal control.
Cm. King stated that his continued wish is that there would be retail within walking distance of
a neighborhood to help cut down on the need to drive.
Mr. Porto asked the Commission if they would like to add a Condition of Approval for the
added parking spaces. Chair Schaub stated that he did not want to include the condition but
that he would ask the developer to look at the suggestion and include the added parking spaces
if feasible.
On a motion by Cm. Biddle and seconded by Cm. Wehrenberg, and by a vote of 4-0-1, the
Planning Commission unanimously adopted:
RESOLUTION NO. 07 - 59
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
APPROVING A SITE DEVELOPMENT REVIEW AND
VESTING TENTATIVE MAP 7617 WITHIN AN EXlSTING PD-PLANNED
DEVELOPMENT DISTRICT KNOWN AS "FALLON CROSSING" AT THE
NORTHEAST INTERSECTION OF TASSAJARA ROAD AND FALLON ROAD
PA 04-016, APN 985-0002-001
RESOLUTION NO. 07 - 58
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE
APPROVING A STAGE 2 DEVELOPMENT PLAN FOR AN EXISTING PLANNED
DEVELOPMENT DISTRICT KNOWN AS "FALLON CROSSING" AT THE
NORTHEAST INTERSECTION OF TASSAJARA Ro.AD AND FALLON ROAD
PA 04-016, APN 985-0002-001
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NEW OR UNFINISHED BUSINESS Cm. King stated that he fully supports the
Commission's policy on unsigned communications. He assumed whoever wrote the letter will
read the minutes and he would like to share some thoughts; presenting these kinds of thoughts
does not have to be adversarial. He stated that the Planning Commission is willing to discuss
anything with the residents. If a resident would like to address the Commission he welcomes
the communication.
Cm. Wehrenberg had received a notice/advertisement regarding painting reflective home
addresses. Ms. Wilson stated she would look into the situatio:1. Ms. LeClair stated that there is
a City policy on these types of notices.
Ms. Wilson referred to an email sent from Staff to the Commission regarding the Community
Design Element and DSP on-line survey. The Commissioner's all stated they had seen the email
and have participated in the survey.
Cm. Wehrenberg also referred to an email regarding camp parks. Ms. Wilson stated that there
has been some recent activity for the project and that the City is anticipating aN otice of
Availability being sent out by the Army to find a master developer soon.
Ms. Wilson stated that the Windstar project was continued to the City Council meeting on
November 20,2007. She also discussed the meetings for the remainder of the year.
Ms. Wilson briefed the Commissioners on the Grafton Plaza project. Cm. King stated he had
read an editorial in the Times referring to the project.
ADJOURNMENT - The meeting was adjourned at 9:30 p.m.
Respectfully submitted,
/tI~~
Bill Schaub
Planning Commission Chair
ATTEST:
1;1
Mary Jo Wil~~, AICP
Planning ~ger
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