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HomeMy WebLinkAbout05-23-2000 PC MinutesA regular meeting of the City of Dublin Planning Commission was held on Tuesday, May 23, 2000, in the Dublin Civic Center City Council Chambers. Chairperson Hughes called the meeting to order at 7:00 p.m. ROLL CALL Present: Commissioners, Jennings, Hughes, Musser, Eddie Peabody Jr., Community Development Director; and Maria Carrasco, Recording Secretary. Absent: Cm. Oravetz and Johnson PLEDGE OF ALLEGIANCE TO THE FLAG Cm. Hughes led the Commission, Staff, and those present in the pledge of allegiance to the flag. The minutes from the May 9, 2000 Planning Commission meeting were approved as submitted. ADDITIONS OR REVISIONS TO THE AGENDA - None ORAL COMMUNICATIONS - None WRITTEN COMMUNICATIONS - None PUBLIC HEARING 8.1 PA 00-004 Kinderca~e, Planned Development (PD) Rezone, Conditional Use Permit, and Site Development Review to construct an approximate 9,800 square foot day care center with a maximum capacity of 180 children. The Applicant has requested the project be continued to the June 13, 2000 Planning Commission meeting. Cm. Hughes asked for the staff report. Mr. Carrington presented the staff report. He stated that the Applicant has requested a continuance on the project's public hearing to June 13, 2000. They were not able to attend tonight's hearing because of other Planning Commission Regular Meeting May 23, 2000 commitments. Staffrecommends that the Planning Commission continue the public hearing to the June 13, 2000. The Planning Commission unanimously agreed to continue the Kindercare public hearing to the June 13, 2000 meeting. 8.2 PA 99-029, Home Depot EXPO Design Center Site Development Review The Home Depot EXPO Design Center consists of 93,130 square feet of retail space and the upgrading of its associated parking lot and off-site improvements. The Home Depot EXPO Design Center is a full-service interior design center with eight designer showrooms under one roof. Three hundred and eighty surface parking spaces and eight disabled parking spaces are proposed on the property. Cm. Hughes asked for the staff report. Mr. Carrington presented the staff report. He stated that there are corrections to conditions 19 and 25 of the resolution. To clarify condition 19, the applicant is not required to slurry seal the entire shopping center; the applicant is required to slurry seal their portion of the shopping center only. The change to condition 25 is on the traffic contribution; the correct amount is $354,920. Mr. Carrington stated the proposed project consists of a 93,130 square foot Home Depot EXPO Design Center, in the Dublin Place Shopping Center. The Planning Staff referred this project to the Planning Commission because of the importance of the project. The City Council indicated its concern about the design and vitality of development in the Downtown area of Dublin during its discussion of the proposed Downtown Specific Plan. At that time they requested that they have approval over this project. Staff requests that the Planning Commission transfer original hearing jurisdiction on this project to the City Council due to City Council concerns about the magnitude of this project and its importance to the overall development of the Downtown area. The traffic analysis and further analysis by Staff indicate that the parking demand for the shopping center is 1,865 spaces. After construction of this project the center will have 1,912 parking spaces with a surplus of 47 parking spaces. Joint parking agreements between the owners of the shopping center will assure that sufficient parking is available for this project. A Phase One and Two Environmental Site Assessment was prepared, which determined that hazardous materials were found in low concentration, due to chemicals used by the dry cleaner that occupied one of the spaces previously on the site. Prior to the issuance of a grading permit a mitigation measure requires that the developer notify the contractors of the potential of encountering contaminated soil during grading operations. If any suspect material is found, the contractor must notify the firm that prepared the Environmental Site Assessment. Mr. Carrington stated that Police Services is concerned that the walkway between the proposed project, Target and the Lighthouse Bookstore could become a security problem due to little visibility by the police and security patrols. A mitigation measure is proposed to require that gates with panic hardware be installed to prevent access to this walkway. Pedestrian access will be provided by a wide landscaped walkway between the project and Montgomery Ward. The preliminary landscape plan shows new trees and tree wells in the parking field east of the main drive aisle. The developer is requesting authorization commission 50 ;day z3, zooo to install the landscaping improvements at a later time when the parking field for the entire shopping center is upgraded. Staff feels that the building is attractive for a "Big Box" structure and is similar aesthetically to "Big Box" structures in the Hacienda Crossings shopping center. The applicable City Departments and agencies have reviewed this application, and their comments have been incorporated into the Conditions of Approval. The proposed project is consistent with the Downtown Specific plan, the General Plan and the C-1 zoning district. Parking for the project is consistent with Zoning Ordinance requirements. The building is well designed and will be an attractive addition to the Dublin Place Shopping Center. Staff recommends the Planning Commission approve the resolution recommending that the City Council adopt a resolution approving the Mitigated Negative Declaration; and the resolution recommending that the City Council approve the Site Development Review for this project. Cm. Musser asked the contamination levels on the soil and whether the levels are below the County and State thresholds. Mr. Carrington stated an Environmental Review has been prepared for the project, which found the soil contamination to be low and below the federal thresholds. Prior to the issuance of a grading permit for the project a mitigation measure requires that the developer notify the contractors building the project to be alert to the potential of encountering contaminated soil during grading operations. If any suspect material is found, the contractor must notify the firm that prepared the Environmental Site Assessment. Cm. Musser asked if the contaminated soil would be sealed in when the property is developed. Mr. Carrington responded yes. Cm. Musser stated he has concems with Condition No. 66, which states: The landscaping east of the main drive aisle may be deferred by means of a Deferred Improvement Agreement. The Agreement shall be entered into between the Applicant/Developer and the City and shall guarantee that the Applicant/Developer shall work in cooperation with the neighboring property owners to install the hardscape, irrigation and landscaping improvements for this area at the time the remainder of the shopping center parldng field is improved. All improvements' shall be to the satisfaction of the Director of Public Works. The agreement shall have a term often years. He asked what leverage does the City or the applicants have over the adjoining property owners to participate with improvements. Mr. Peabody stated them is the expectation that Target will remodel their store in the future. The ten year deferred agreement would require the Home Depot/Expo parcel to be landscaped when Montgomery Wards or Target have improvements done. Cm. Musser is concerned with the other property owners not being motivated to participate with improvements in the furore and Home Depot Expo doesn't complete their portion of the landscaping. Cm. Musser asked if the Planning Commission will review the agreement between the property owners; and what mechanism will be used to ensure the other property owners will participate with improvements. He is concerned that the landscaping will not be completed by Home Depot/EXPO if Target or Montgomery Ward does not cooperate. 'P~]~£ug commission 5 ~ tday 23, 2ooo Re~lar ivieetin~ Mr. Peabody stated the Planning Commission does not review the agreement. The City Attomey has reviewed the agreement, which guarantees through a form of a bond that all necessary improvements for the site will be accomplished. Cm. Hughes asked what would initiate Home Depot/EXPO to landscape their portion of the site. Mr. Carrington responded that improvements or upgrades from Target or Montgomery Ward would require Home Depot/EXPO to finish the landscaping on their portion of the site. Cm. Hughes stated the agreement does not obligate Home Depot/EXPO to landscape their portion of the site unless all three owners agree to do improvements. They are not required to do the agreements at the same time. Mr. Peabody stated that is correct. There is the possibility that only I/3 of the shopping center is refurbished in the next 10 years. Cm. Hughes asked how many individual parcels are in the shopping center. Mr. Carrington stated there are multiple parcels with multiple owners. Cm. Hughes asked if Home Depot/EXPO had any problems complying with the condition concerning Golden Gate. Mr. Carrington stated the Applicant will lose some parking field but is required to comply with the conditions. Staff has been working with the Applicant but there is a tremendous amount of parking available, that it isn't a significant issue. Cm. Hughes asked what would happen with the comer area in front of Toys R Us. Mr. Carrington stated the comer area would be landscaped. It will provide additional pavement in the front of Toys R Us and allow a pedestrian a place to stand away from traffic. Cm. Hughes referred to the travel lane shown on the overhead and asked if there would be a smooth traffic transition. Mr. Carrington responded yes. Toys R Us will lose approximately 23 spaces but the entire shopping center will have an excess of 49 parking spaces. Cm. Jennings asked the Council's concerns on the design of the project. Mr. Peabody responded that the City Council indicated their desire to review the project and have final approval. He is not aware of the Council's concerns regarding the design. commission 52 May 23~ 2000 Cm. Jennings asked which of the following three did the Council have concerns with, the magnitude of the project, the importance of the overall design, or the importance of the overall project? Mr. Carrington stated the Council indicated their concerns with all three mentioned by Cm. Jennings. Cm. Jennings asked for clarification on the soil condition. Mr. Carrington stated the soil contamination is lower than federal thresholds. The soil will be sealed in under the foundation of the project. Cm. Hughes asked to hear the Applicant's presentation. Francis Chu, stated he is the Architect for Expo Design Center and is available to answer any questions. Mike Jensen, Pacific Retail Partners stated they have been working with Francis Chu and City Staff on the project. He addressed the landscape issue for the site. There are multiple owners and Expo Design does not have control of the other sites. He stated that they are willing to complete their portion of the work, but the shopping center will look awkward with a portion of the site landscaped. Montgomery Ward has reviewed the Expo Design Center plans and are willing to move forward. Cm. Jennings asked about Expo Design Center. Mike Abotti, Real Estate Manager for Expo Design Center stated they were established in 1991. He explained that their stores are an interior design showroom. Expo Design is shopped by high-income customers that want their interior design project done for them. Expo Design employs interior designers or the customer can hire their own designer. Cm. Jennings asked if there are other stores in Northern California. Mr. Abotti stated there are stores under construction in Concord and Palo Alto. Cm. Hughes asked if there were any other questions. Ken Hill, Owner of the Lighthouse Bookstore stated he was not aware of the project until an hour before the meeting. He asked if notices were sent out? Mr. Carrington stated a Notice of Intention to prepare a Negative Declaration and a Public Hearing Notice was sent out to all owners and tenants within a 300-foot radius. Mr. Hill stated that he agrees with Mr. Carrington on installing a gate for safety reasons. He asked the width of the gate. Mr. Carrington responded 15-18 feet. 'FIa-~n8 commission 53 ~4ay 23, 20o0 R~u/ar Meetint3 Mr. Hill asked where the dumpster would be located for his site. Mr. Carrington stated that Condition 53 requires the developer to work with the appropriate Dublin Place Management Authority to ensure the trash enclosures are provided for the Lighthouse Bookstore and other tenants between Target and the site. The location has not been determined. Cm. Hughes explained the project would require City Council review and approval. The location of the dumpster will be determined at a later date. Mr. Hill was not aware of the City Council meeting. He is concerned with the trees being installed and losing the visibility of his signage. Mr. Carrington stated that Staff could work with Mr. Hill on possible sign programs. Cm. Musser stated that the foot traffic might enhance Mr. Hill's business. Mr. Hill did not agree and asked the amount spent from the average customer that shops at Home Depot/Expo. Mr. Abotti responded the average ticket is approximately $200 to $300. Cm. Hughes stated the project would require the City Council's approval and recommended Mr. Hill attend that meeting. Mr. Hill stated good luck with pulling the landscaping together. Cm. Jennings asked if there is any signage on the south side of the shopping center. Mr. Carrington stated the Ordinance allows three signs per building. Cm. Hughes asked Mr. Hill if he is considering expanding into the vacant space next to his business. Mr. Hill stated he is considering it because there is more frontage area. He asked what is allowed on the size of the letters. Mr. Carrington stated if the elevation is over 18-feet, the Ordinance will allow 36-in letters. If the elevation is under 18-feet the letters can be 30-inches, with a building permit. Mr. Hill stated that signage is very important to a business. He thanked the Commission for their time. Cm. Hughes asked any other questions. Hearing none, he closed the public hearing. Cm. Hughes stated that he is concerned with the landscaping. He would like to recommend to the Council that the landscaping for the center be tied into this parcel. ~[~-i~,~ commission 54 May 23, 2000 Re, hr Ivteetin~ Cm. Musser stated that he would like the agreement to be changed from 10 years to 3-5 years to landscape the center. Mr. Peabody stated the condition could be revised. The landscaping will be installed when any adjacent property is improved. Cm. Musser asked what if the adjacent properties are not improved. He has concerns with the terms of agreement and would like the landscaping installed within 3 to 5 years. Mr. Peabody asked if the Applicant is in agreement with changing the terms to 3 to 5 years. Mr. Abotti responded yes. Cm. Musser asked how many trees would be installed. Mr. Carrington responded 40 trees. Cm. Musser asked if irrigation is currently there. Mr. Carrington stated yes. Cm. Musser stated that he would like the landscaping installed regardless of improvements to the other properties. Mr. Peabody stated that the condition could be changed that will require Expo Design to install the landscaping within 3 to 5 years regardless of development or improvements from the other property owners. On motion by Cm. Musser, and seconded by Cm. Jennings, with a vote of 3-0-2 with Cm. Johnson and Oravetz absent the Planning Commission unanimously approved, with amendments to conditions, 19, 25, and 66 RESOLUTION NO. 00-24 RECOMMENDING THAT THE CITY COUNCIL APPROVE A SITE DEVELOPMENT REVIEW FOR PA 99-029, THE HOME DEPOT EXPO DESIGN CENTER R.e,~lar Aleetin~ May 2.3; 2000 RESOLUTION NO. 00-25 RECOMMENDING CITY COUNCIL ADOPTION OF A MITIGATED NEGATIVE DECLARATION FOR PA 99-029 HOME DEPOT EXPO DESIGN CENTER SITE DEVELOPMENT REVIEW Mr. Peabody stated that the City Council would review the project at the June 6~ meeting. NEW OR UNFINISHED BUSINESS 9.1 Mr. Peabody discussed the upcoming schedule. ADOURNMENT The meeting was adjourned at 8:20 p.m. Re~ll$ submitted, PS/i~g~'~?!~'ml('t!io n Chairperson Community Development Director v~e~hr Meetin,~ 56 Maff23/ 2000