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HomeMy WebLinkAbout12-12-2000 PC AgendaPLANNING COMMISSION AGENDA City of Dublin. CoUnCil Chambers 100 Civic Plaza CA 94568 December 12, 2000 7:00 P.m. 2. 3. 4. 5. 6. CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE TO THE FLAG ADDITIONS OR REVISIONS TO THE AGENDA MINUTES OF PREVIOUS MEETINGS - October 24, 2000 ORAL COMMUNICATION - At this time, members of the audience are permitted to address the Planning Commission on any item(s) of interest to the public; however, no ACTION or DISCUSSION shall take place on any item which is NOT on the Planning Commission Agenda. The Co~ma~ission may respond briefly to statements made or questions posed, or may request Staffto report back at a future meeting concerning the matter. Furthermore, a member of the Planning Commission may direct Staff to place a matter of business on a future agenda. Any person may arrange with the Community Development Director (no later than 11:00 a.m., on the Tuesday preceding a regular meeting) to have an item of concern placed on the agenda for the next regular meeting. WRITTEN COMMUNICATIONS 8. PUBLIC HEARINGS 10. 11. 8.1 PA 00-027 TN-Valley Buick/Pontiac/GMC Revised Master Sign Program. A request for a Revised Master Sign Program to add a 75 foot tall freestanding sign at the southerly terminus of John Monego Court for Tri-Valley Buick/Pontiac/GMC and a future automobile dealership. 8.2 PA 00-020 Shamrock Village Market Place Site Development Review. The proposed project consists of remodeling and adding 25,846 square feet of building area to the existing Shamrock Village shopping center. 8.3 PA 00-015 Commerce One Headquarters Planned Development Rezone Stage 1 & 2/Development Plan, Site Development Review. Commerce One is proposing to build a multi-phased office campus located on approximately 30 acres at the northwest corner of Hacienda Drive and Interstate 580. The project is comprised of four office buildings totaling 780,000 square feet. 8.4 PA 00-009, Black Mountain Development Site Development Review. A Site Development Review for seven single-family residences on existing lots on Brittany Lane. NEW OR UNFINISHED BUSINESS OTHER BUSINESS (Commission/Staff Informational Only Reports) ADJOURNMENT (OVER FOR PROCEDURE SUMMARY) DUBLIN, BANNING COMMISSION PROCEDUF:EL jMMARY WELCOME to the Dublin Planning Commission meeting. The Planning Commission is made up of five Dublin residents who have volunteered their services to the community. They were appointed by the Dublin City Council. The Planning Commission encourages and appreciates participation by Dublin residents. Regu' ar meetings of the Planning Commission are held on the second and fourth Tuesdays of each month in the Dublin Civic Center Council Chambers, 100 Civic Plaza, Dublin. TIME: Planning Commission meetings begin at 7:00 p.m.. No new public hearing item will begin after 10:30 p.m., and the meetings will be adjourned by 11:00 p.m., except under unusual circumstances where the Commission votes to hear the item or to extend the meeting for 30-minute increments. ITEMS NOT ON THE AGENDA: No action shall be taken on any item not appearing on the posted agenda unless: 1) the Planning Commission determines by majority vote that an emergency siluation exists, as defined in the Government Code; 2) the Planning Commission determines by a two-thirds vote, or by a unanimous vote if only three members are present, that the need to take action arose after the agenda was posted; or 3) the item was included in a posted agenda for a prior meeting held within five (5) calendar days and was ccntinued to the current meeting. ORDER OF PRESENTATION: After the Chairperson opens the public hearing on an item, the order of presentation will be as follows: 1. Summary Presentation by Planning Staff 2. Questions by Planning Commission 3. Comments by Applicant 4. Comments by Others in Favor 5. Comments by Those in Opposition 6. Rebuttal by Applicant if Necessary 7. Additional Comments by Staf:` as Appropriate The hearing is then closed and the item turned over to the Commission for discussion and action. The audience is not permitted to make any further comments unless invited by the Planning Commission. PUBLIC COMMENTS UNDER ORAL COMMUNICATIONS: Any citizen desiring to speak on an item not scheduled on the agenda may do so under Oral Communications at the beginning cf the meeting. After receiving recognition from the Chairperson, please state your name and address, then proceed with your comments. When an item is not on the agenda is raised by a member of the public, the matter shall be deemed automatically referred to Staff unless the Planning Commission determines to take action as outlined in the se,.tion above entitled ITEMS NOT ON THE AGENDA. PUBLIC COMMENTS ON A HEARING ITEM: On a public hearing or othe:• scheduled item, the Chairperson will ask the audience for its comments, fu•st from those in favor, then from those in opposition. After receiving recognition from the Chairperson, please stab: your name and address, then proceed with your comments. The Planning Commission wants to hear all citizen concerns. Each new speaker is asked to be brief, add new information and not repeat points which previous speakers have made. The Planning Commission is particularly interested in the specific reasons why the speaker is for or against an item. Applause and other demonstrations are prohibited during public hearings. Such demonstrations tend to intimidate those in the audience who may have valid but opposing viewpoints. The Chairperson maintains the discretion to request the use of the Speaker Slips and to limit comments. Anyone who does not want to speak may write comments on the Speaker Slip ar d turn it into the Planning Commission while the public hearing is still open. SMOKING CONTROL: Please do not smoke during the Planning Commission meeting. ITEM WITHOUT APPLICANT: If the Applicant or representative fails to attt;nd the public hearing concerning their item, the Planning Commission may take action to deny, continue, or approve the item. The item may be considered for continuance upon receipt of written notification of the Applicant's inability to attend the hearing. g:planning\forms\procdre December 12, 2000 To: The Dublin Planning Commission From: The residents of Brittany Lane RECEIVED b[L; ~ 2 ~000 DUBLIN PLANNING RE: PA 00-009 Black Mountain Site Development Review for seven single- family residences on existing lots on Brittany Lane. Request for postponement and reconsideration. Condition 6, 82-85 has not been met. Tree preservation has not been addressed and only given a one-year guarantee by placement of a one-year bond. We recommend that this SDR application PA 00-009 be referred back to council for reconsideration for the following reasons: I. The thrust of the Staff Report is that the Conditions of Resolution 82-85 have been properly addressed. This properly places the Conditions in 82-85 as the controlling standards for development of these custom lots as envisioned and set in place in 1985 when the zoning creating these custom residential lots was created by the Dublin City Council. The 1997 Dublin Zoning ordinance known as Title 8 of the Dublin Municipal Code is not applicable where the Conditions in Resolution 82-85 are more restrictive. It is inappropriate to apply Section 8.36.110.C.2 of the 1997 Zoning Ordinance to this SDR which would allow these homes to be 35 and 40 feet high where the conflicting requirement in Condition 6 setting heights to 25 feet perpendicular to natural grade is more restrictive and shall apply as set forth in Section 8.04.060.D.1. To change this rule now would be changing the rules in middle of the game. These conditions were known to the developer at the time of purchase and run with the land. These conditions also created view shed rights to the Dublin Citizens and the neighboring community. There are no valid reasons for stating that these rules should not be followed and Dublin Citizens should not be deprived of their benefit. More effort should be made to address these conditions without modification and determine development under the existing standards. Section 8.04.060.D. 1 of the 1997 Dublin Zoning Ordinance states: 1 Request to postpone Dublin Planning Commission Hearing on PA 00-009 December 12, 2000 to allow the City Council to reconsider the Heritage Tree Ordinance 1. Other Municipal code provisions. If conflicts occur between requirements of this Ordinance, or between this Ordinance and other regulations of the City, the most restrictive shall apply. (emhasis added) II. There are no definitions or mention of "Common Engineering Practice" in the 1997 Ordinance or Resolution 82-85 that modify or define Natural Grade and therefore thc 1997 Ordinance definition of Natural Grade in Section 8.08.020 applies because there are no other standards that are more restrictive. The definitions clearly state the current grade on these custom lots today, is the Rough Grade as defined in Section 8.08.020.G.b and not the natural grade as defined in Section 8.08.020.G.a. But Condition 6 clearly requires that height measurements be made from the natural grade. Section 8.08.020.G.a of the 1997 Dublin Zoning Ordinance states: a. Existing or natural grade: The contour of the ground surface before grading. (emphasis added) b. Rough grade: The stage at which the grade approximately conforms to an approved grading plan. III. The Heritage Tree Ordinance 29-99 has not been properly addressed to consider tree preservation. Instead, tree protection has been addressed. There is no attempt to address tree preservation plan under this ordinance. The Staff report is incorrect because: Staffhas applied the incorrect definition to these Heritage Trees by applying Section 5.60.40(a) when they should apply Section 5.60.40(b) of the Heritage Tree Ordinance 29-99. It should be noted that staff has designated all 19 trees as Heritage Trees by a condition of approval of this SDR even though only 12 trees are over 24 inches in diameter 4 feet 6 inches above natural grade. This is appropriate and we agree with Staff because all 19 trees are "protected" trees under definition "b" of a Heritage Tree. Staff is in error however, when they state that these are Heritage Trees under definition "a". 2 Request to postpone Dublin Planning Commission Hearing on PA 00-009 December 12, 2000 to allow the City Council to reconsider the Heritage Tree Ordinance Section 5.60.40-Definitions states: "Heritage Tree" means an~ of the following: (emphasis added) (a) Any Oak, Bay, Cypress, Maple, Redwood, Buckeye and Sycamore tree having a trunk or main stem of 24 inches or more in diameter measured at 4 feet 6 inches above natural grade; (b) A tree required to be preserved as part of an approved development plan, zoning permit, use permit, site development review or subdivision map; (emphasis added) (c) A tree required to be planted as a replacement for an unlawfully removed tree. (emphasis added) All nineteen trees on these custom lots are "preserved Heritage Trees" due to Condition 16 in Resolution 82-85 which states "Project grading performed within 25 feet of the drip line of existing onsite or offsite trees shall be addressed by a horticultural report and the recommendations and findings of that report incorporated into the grading and improvement plans of this proj eot." (emphasis added) Condition 16 clearly requires that these trees were to be preserved in 1985. (See Douglas Hamilton letter dated 7-5-85, tract 5073, tree group 4 "The blue and live oaks are magnificent specimens, worth preserving.") Therefore definition "b" is the appropriate definition, which requires that these trees be preserved. Because there is no section in the Heritage Tree Ordinance 29- 99 that properly address a tree preservation plan but only a tree protection plan which is appropriate for a Heritage Tree under definition "a" there is a need for the Dublin City Council to further consider tree preservation under definition "b" and make refinements of this ordinance including further definitions and requirements for tree preservation before the Dublin Planning Commission adopt any proposed Resolutions on this matter. General Condition 106 (page 18) of proposed General Conditions correctly notes that all of the trees are subject Section 5.60.40.b Heritage Tree Definition but omits any reference to tree preservation. Tree preservation is required by this section, tree protection applies to 5.60.40.a. 3 Request to postpone Dublin Planning Commission Hearing on PA 00-009 December 12, 2000 to allow the City Cotmcil to reconsider the Heritage Tree Ordinance We request that this matter be postponed and sent back to the Dublin City Council for further ref'mements and direction on the Heritage Tree Ordinance before any decisions or rulings are made by the Dublin Planning Commission. In our opinion a ruling ignoring Heritage Tree preservation would destroy the stated intent of the Dublin City Council and the Dublin Planning Department, and the entire Ordinance. Therefore is urgent and appropriate that this matter be sent back to the Dublin Council to define and refine the Heritage Tree Ordinance 29-99 consistent with their stated intent before applying it to this Site Development Review PA 00-009. Respectfully submitted, 4 Request to postpone Dublin Planning Commission Hearing on PA 00-009 December 12, 2000 to allow the City Council to reconsider the Heritage Tree Ordinance